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avoiding taxes vs. running your business in a way that is fully legal that allows you to not be penalized for being self employed are two different things. For example, if you paid 30% (self employment tax, roughly) on 250k, you're paying $75k in taxes. If you set yourself up as an LLC filing as an S-corp which brings zero minutia with it beyond the setup, you could pay yourself a salary of, say, $80k, pay your $12k in taxes and the other $170k would be taxed at 15%, saving you roughly $37,000 in taxes. Putting $37k a year into a retirement account and investments wouldn't be so bad.



This is wrong on multiple levels. SE tax is 15.3%, not 30%, and 12.4% of that is social security, which is capped at 118k. Beyond that, you're just paying 2.9% Medicare (plus normal federal and state income taxes).

Assuming that $80k is a reasonable salary for a solopreneur business (which seems iffy to me and probably to the IRS), you're saving 15.3% on $38k (80k to 118k), then 2.9% above that. Your profit distributions are taxed at ordinary income rates, so zero difference there. So on $250k, you'd save about $9k total, in return for higher audit risk and slightly more hassle and expense in maintaining the S-corp. Not crazy to say that's not worth it for some people.

It's also not an option in some locales (NYC doesn't recognize s-corp and taxes them as corporations, negating any benefit).


self-employment taxes are only applied to a capped part of your profits ($118,500 in 2015) [0]

s-corp distributions are taxed as ordinary income (not capital gains) [1]

even though long term capital gains rates don't apply in this case, you cited an incorrect number. they peak at 23.8% not 15% [2]

[0] https://www.irs.gov/businesses/small-businesses-self-employe...

[1] https://turbotax.intuit.com/tax-tools/tax-tips/Small-Busines...

[2] http://www.taxpolicycenter.org/briefing-book/how-are-capital...


Fair enough. I'm not an attorney or an accountant and the comparison of tax liability for self employment vs. LLC filing as an s-corp may or may not be significant. It really depends on each person's situation in terms of income, expenses, etc.


You're not an attorney or an accountant, but you're posting incorrect tax advice on public forums. Staahp.


you got me!


> the other $170k would be taxed at 15%

Huh? Where did you get 15% from? The other $170k would be taxed at ordinary income rates, so most of that income would fall in the 28% or 33% bracket.




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