S Corporation vs Sole Proprietorship for 1099 Contractors

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If you are an independent contractor or freelancer and are trying to decide between operating as a sole-proprietor or an S corporation, there are about 3 factors you want to consider: simplicity, legal protection, and taxes. If you earn over $30,000 annually, it makes sense in 99% of scenarios to form an LLC, which then ELECTS to be treated as an S corp for tax purposes with the IRS.

Doing business as a sole proprietor (no entity) is the simplest, but it leaves you exposed legally and from a tax standpoint. Forming a C corporation provides excellent legal protection, but it has many onerous requirements and is horrible from a tax standpoint. However, forming an LLC with an S-election gives you the best of all worlds. It is relatively simple to maintain, provides ample legal protection, and also allows you to shield a portion of your income from self-employment taxes (which can be very substantial).

When using an S Corp, you’re viewed by the IRS as an owner of your LLC as well as an employee. This means that you’re able to pay yourself a salary and take out dividends. The salary is subject to self-employment taxes (payroll taxes) and the dividends aren’t.

Here’s an example of the benefits for you:

In this scenario, the independent contractor makes $75,000, so let’s see what the difference is between being treated as sole-proprietor VS an S-corp. Keep in mind that the self-employment taxes = 15.3%.
As you can see, an S corporation can generate significant savings–even more than $5,000 per year. So, why would you pay more taxes when you don’t have to? Let’s chat today to see how the S Corp strategy can be beneficial for you.

(For more information about business structures, click here)
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Honestly, thank you, This is so simple yet effective. Best video I have seen on this subject.

mattmatt
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These guys are the best. Highly recommended.This video captures their value-add from a legal perspective but doesn't capture how nice and customer-focused they are. Just call and you'll see!

MrJeddurso
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Great video broke it all down simply and quickly.

kellymedia
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Very Very nice customer service . I really like the way they answer to the phone and spoke with me.
Looking forward to speak/work with you .

stefanrosu
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Can an S Corp use the income to purchase assets as an expense?
Assets like gold, land, real estate, or stocks. That way it reports lower or even zero income.

tradingpoker
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Are the dividends go to k1 income?
My cousin had 62k k1 income and had to pay 4000 taxes to irs, so that extra k1/dividend income looks taxable too.

theagrafiotis
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You forgot to include the calc for the 37.5k in dividends being taxed too.

munnybunny