Part time private practice S-corp "reasonable salary"

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Oedipa Maas

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Hello all,

I graduated from residency earlier this year and am splitting my time between an outpatient private practice (10 hours per week) and working for a hospital (40 hours per week). I had received some advice from mentors in other fields doing full time private practice to set up an LLC and file as an S-corp. When looking into this, I saw that for an S-corp, I will need to pay myself a "reasonable salary". I'm not sure how to approach this. The "business" itself doesn't have many expenses, really just malpractice insurance for me and some other minor operating costs. I will be working with an accountant to address this further, but he is not someone with a specific specialization in healthcare. I'm curious it know if anyone else has been in a similar situation and how they have approached selecting a "reasonable" percentage of the business earnings to be their salary. I'm not sure if it's worth noting that the private practice is exclusively therapy, so I'm not making the same amount as say someone doing 15 minute med checks, but is that the sort of information you would even consider in this kind of calculation?

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You should think about how an average IRS agent is going to determine this. They use public information like: ONET to identify your job code, BLS to determine hourly or expected annual, your home address to determine if you’re lying about having a home office, state data to determine if your income is within range for your zip code, address of NPI, reporting of deposits over $600 from your bank, the presence of foreign assets, etc.

If you’re claiming a reasonable income + your employee income = within range of BLS, they won’t care. If you’re taking crazy deductions, or such, you’re going to have a hard time (that’s likely more costly than being honest).

Don’t worry if you ever get scrutinized. I find the IRS to be extremely reasonable if you’re playing it straight. Keep in mind that the agents income are pretty low, so their perceived scale is different.
 
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You should think about how an average IRS agent is going to determine this. They use public information like: ONET to identify your job code, BLS to determine hourly or expected annual, your home address to determine if you’re lying about having a home office, state data to determine if your income is within range for your zip code, address of NPI, reporting of deposits over $600 from your bank, the presence of foreign assets, etc.

If you’re claiming a reasonable income + your employee income = within range of BLS, they won’t care. If you’re taking crazy deductions, or such, you’re going to have a hard time (that’s likely more costly than being honest).

Don’t worry if you ever get scrutinized. I find the IRS to be extremely reasonable if you’re playing it straight. Keep in mind that the agents income are pretty low, so their perceived scale is different.
Very helpful, thanks!
 
There are many ways to get to a reasonable compensation number. The easiest for you would be to take whatever you're getting paid for in your hospital job (40 hours) and divide by 4 (10 hours). Another way is to figure out how much people are getting paid for in that area for a similar line of work and divide by that number of hours. My accountant said any salary that isn't below the 25th percentile in that area would not raise any eyebrows as a reasonable compensation.

These are very simple methods that don't take into account other factors that contribute to compensation but as long as you have a method that makes sense, then I would think you are good.
 
If just private practice without employees why not sole proprietor?
 
If just private practice without employees why not sole proprietor?
It's to save on taxes. Only the salary you pay yourself is subject to self-employment taxes. The lower your salary (although it has to meet reasonable compensation standards which was the question above), the less income you pay into those taxes. The remainder (distributions) is not subject to those taxes.

I incorporated this year and will be saving a 5 figure amount because of it.
 
It's to save on taxes. Only the salary you pay yourself is subject to self-employment taxes. The lower your salary (although it has to meet reasonable compensation standards which was the question above), the less income you pay into those taxes. The remainder (distributions) is not subject to those taxes.

I incorporated this year and will be saving a 5 figure amount because of it.
You have to pay yourself a reasonable salary, which in most cases would be more than the Social security cap for a 50% + FTE private practice.. Besides the Medicare tax (?2.9%?), any other savings on the distributions?
 
It's to save on taxes. Only the salary you pay yourself is subject to self-employment taxes. The lower your salary (although it has to meet reasonable compensation standards which was the question above), the less income you pay into those taxes. The remainder (distributions) is not subject to those taxes.

I incorporated this year and will be saving a 5 figure amount because of it.

Yeah I'd have the same questions as the above post. Especially ever since the pass through tax deduction which automatically makes 20% of your self employment income deductible as a sole prop/solo LLC (and which will honestly probably survive for the near future given the incoming administration), you have to be making a buttload to save >10K in taxes comparing a solo LLC to S corp. Corp status also doesn't impact what business deductions you can take, so you can take the same deductions basically no matter what your filing status.

Distributions are taxed as ordinary income so the only difference you save is the self employment tax. Any "reasonable salary" for a full time physician is almost certainly going to be over the $176,100 net earnings subject to social security. So it's only the 2.9% + 0.9% extra medicare tax possibly over 200K/250K (depending on filing status). 10K is 3.8% of $263,157...so roughly that's what the net earnings difference would have to be to get 10K difference in tax savings.

Again OP I've said this before but a lot of attendings (even more recently graduated ones) honestly don't know what they're talking about with this stuff and just trust whatever accountant they heard from their buddies was good or something. Most of them have never even done their own taxes. A lot of accountants (including your own sounds like you're using one) realize that S corp tax filing is way more complicated than a sole prop or solo LLC and they can charge a lot more for this....also makes you keep them using them as an accountant if it seems like the taxes are too complicated to file yourself. Especially ever since 2017 with the pass through deduction, it's become much less beneficial financially overall to setup an S corp unless you're at very high income levels. I would tell the accountant to run you projected numbers comparing both a solo LLC and S corp so you can actually compare them...if they can't do and prove what they bring to the table will actually benefit you then they're probably not a very good accountant.
 
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You have to pay yourself a reasonable salary, which in most cases would be more than the Social security cap for a 50% + FTE private practice.. Besides the Medicare tax (?2.9%?), any other savings on the distributions?
My state qualifies for the pass-through entity (PTE) elective tax deduction that's meant to circumvent the federal SALT tax that you can't get as a sole proprietor but can as a professional corporation. The corporation pays your state taxes and it counts as a business deduction.

Yeah I'd have the same questions as the above post. Especially ever since the pass through tax deduction which automatically makes 20% of your self employment income deductible as a sole prop/solo LLC (and which will honestly probably survive for the near future given the incoming administration), you have to be making a buttload to save >10K in taxes comparing a solo LLC to S corp. Corp status also doesn't impact what business deductions you can take, so you can take the same deductions basically no matter what your filing status.
This is going to be very specific to your specific financial circumstance. For me, the pass through tax deduction (section 199A) doesn't apply. Since I'm married filing jointly, over the annual income limit, and make the income from a specified service trade or business (SSTB) aka physician services, I don't qualify for this.

Distributions are taxed as ordinary income so the only difference you save is the self employment tax. Any "reasonable salary" for a full time physician is almost certainly going to be over the $176,100 net earnings subject to social security. So it's only the 2.9% + 0.9% extra medicare tax possibly over 200K/250K (depending on filing status). 10K is 3.8% of $263,157...so roughly that's what the net earnings difference would have to be to get 10K difference in tax savings.
This requires a thorough analysis taking into account how much more your accountant is charging you to file the incorporation tax documents for you, the start up costs, etc. I wouldn't recommend that anyone do it. I didn't do it for years until my income reached a high enough amount that it made sense for me to do it. It wasn't worth the extra administrative paperwork, figuring out a new business system, updating all of my accounts with my new EIN and legal business entity, extra cost to incorporate, pay business licenses, and file taxes.

In my case, your number is lower than what I needed to make to save 5 figures in my analysis as this doesn't take into account the costs of starting and running a corporation.

Again OP I've said this before but a lot of attendings (even more recently graduated ones) honestly don't know what they're talking about with this stuff and just trust whatever accountant they heard from their buddies was good or something. Most of them have never even done their own taxes. A lot of accountants (including your own sounds like you're using one) realize that S corp tax filing is way more complicated than a sole prop or solo LLC and they can charge a lot more for this....also makes you keep them using them as an accountant if it seems like the taxes are too complicated to file yourself. Especially ever since 2017 with the pass through deduction, it's become much less beneficial financially overall to setup an S corp unless you're at very high income levels. I would tell the accountant to run you projected numbers comparing both a solo LLC and S corp so you can actually compare them...if they can't do and prove what they bring to the table will actually benefit you then they're probably not a very good accountant.
I think there's a lot of benefit to filing your taxes yourself at least once. You'll keep better records, understand what kind of things you can deduct and what you can't, and you get to do and understand the math for yourself rather than having someone else or a software do it for you. You talk to many physicians about taxes though, and their eyes just gloss over. They don't want to understand it even though it's much easier than anything they've done in medical school.

I agree with this but I would also add on to factor in the numbers that most people don't take into consideration when thinking about incorporating: accountant fees, state filing fees, payroll setup fee, monthly payroll fee, more stringent bookkeeping fees (I was doing it myself before but then I needed some help when I incorporated to button it up), registered agent fee if you're not doing it yourself, publishing fee if your state requires you to publicly announce your business, etc. If at the end the savings is more than these fees, then you can decide whether the hassle is worth it for yourself. For a majority of private practice psychiatrists, I would think it's easier and more financially beneficial to stay a sole proprietor, which I think would be the case for OP with a 10 hour per week practice.
 
I won’t quote your whole post but lots of good stuff there.

Yes, I often forget that I’m married filing jointly and so it’s a lot easier to get under the pass through deduction income threshold there. Many people will fall under the QBI threshold married filing jointly but if you’re single, you’ll hit the pass through deduction threshold pretty easily.

But yeah I hear plenty of people just going “oh some other doctor told me their accountant said you save more on taxes if you file as an S corp so I’ll have an accountant do that” without actually looking into the numbers for this.
 
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Physician Side Gigs has a good infographic about the QBI deduction if others are interested to see if they can claim it, although of course talk to your accountant if you are unsure.
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Some CPAs will provide calculators. Otherwise look for government postings like the VA to get a ballpark range.
 
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