A one person studio, three tax years, and the point the S election paid

A photographer ran the same business three years running and changed only how it was taxed. The third year saved money; the first would not have.

Article details
AuthorCorinne Adeyemi
SectionEnterprise
Published
Length1,086 words · 5 min
A camera body, a lens and a small stack of printed invoices arranged on a plain desk
Fig. 1 — A camera body, a lens and a small stack of printed invoices arranged on a plain desk

Nothing below is drawn from anyone's actual return. The numbers are invented, kept round on purpose, and chosen only to make the crossover visible; where that crossover falls in reality depends on the trade, the region and the year. What transfers is the sequence.

The business: one photographer, commercial and event work, no employees, operating from a home office with an equipment inventory. Same work in all three years. The only thing that changes is the tax structure.

Year one: sole proprietor, and why that was right

Revenue of $62,000, business expenses of $22,000, leaving a net profit of $40,000. The business is a sole proprietorship, reported on a Schedule C attached to the personal return.

On that $40,000 the photographer pays self employment tax on the net profit, plus ordinary income tax on it. There is one return, prepared by an accountant for a few hundred dollars, and no payroll.

Could an S election have saved money here? Only marginally, and probably not at all. A reasonable salary for a photographer doing this work full time would consume most of that $40,000, leaving very little profit above the salary for the election to act on. Against that, the election would add payroll processing, quarterly employment filings, and a separate business return whose preparation typically costs more than a Schedule C.

The costs would have exceeded the saving. Staying a sole proprietor was the right call, and it is the right call for a great many businesses at this level.

Year two: the LLC, which changed the liability and not the tax

Revenue grows to $85,000, expenses to $28,000, profit to $57,000. The photographer forms a single member LLC, largely because commercial clients had begun asking for a certificate of insurance and a business entity, and because a venue contract made the personal exposure feel real.

Here is the part that surprises people. The tax position does not change at all. A single member LLC is disregarded for federal income tax purposes by default, so the income is still reported on a Schedule C and self employment tax still applies to the full profit.

What changed is legal separation, and it came with conditions: a separate bank account, contracts signed in the company's name, an annual state filing and fee. Those are real obligations and the protection depends on keeping them.

At $57,000 in profit the S election is starting to become arguable, but it is close. A reasonable salary might be somewhere in the forties, leaving a modest amount of profit above it. The saving on that amount is real but not obviously larger than the added cost of payroll and a second return.

Year three: the election, and the numbers that justified it

Revenue reaches $128,000, expenses $38,000, profit $90,000. The photographer elects S corporation treatment for the existing LLC.

The mechanics change substantially. The photographer becomes an employee of the company. A salary is set, run through payroll with withholding, and reported on a W-2. The remaining profit is distributed and is not subject to self employment tax.

Setting the salary is the part that requires care. It has to be reasonable compensation for the work actually performed, judged against what someone would be paid to do this job. Setting it artificially low to maximize the distribution is the pattern that attracts scrutiny, and the exposure is not worth the difference.

Assume a defensible salary in the region of $60,000, leaving roughly $30,000 distributed. The saving is the self employment tax that would have applied to that $30,000 portion, which at the applicable rate is a meaningful four figure amount.

Against it: a payroll service, quarterly and annual employment filings, a separate corporate tax return, and a higher accounting fee overall. Those costs are largely fixed and land somewhere in the low four figures for a business this size.

The saving exceeded the cost in year three, and the gap widens with every additional dollar of profit above the salary, because the saving scales and the costs do not.

What the three years show

Three things, and they generalize.

The crossover depends on the gap between profit and a reasonable salary, not on revenue. A business with high revenue and thin margins may never reach it. A consultant with modest revenue and very low costs may reach it quickly.

The costs of the election are mostly fixed, which is why it is a poor deal at low profit and an increasingly good one as profit rises. Anyone near the line should have an accountant run it on real figures, which is an hour of work and is the highest return hour available in this whole area.

And the election is not permanent in effect even though it persists until revoked. Profit falls, the arithmetic changes, and it is worth re-examining every year rather than treating the decision as settled.

What did not change across the three years

Worth stating, because people expect an entity change to affect more than it does. The deductible expenses were identical in all three years. Equipment, software, insurance, mileage, the home office and continuing education were treated the same way whether the business was a sole proprietorship, an LLC, or an S corporation. Structure does not create deductions.

The record keeping was also unchanged in substance. Separate bank account, receipts filed, mileage logged, monthly reconciliation. What changed was that under the LLC those habits became necessary rather than merely sensible, because the liability separation depends on them.

And the liability protection did not improve when the S election was made, because the election is a tax matter and the protection came from the LLC. Those two things get conflated constantly, and the photographer in year three held exactly the same legal shield they had held in year two.

The obligations that arrived with it

Worth stating plainly, because they are the part people underestimate. Payroll runs on schedule whether or not the business earned anything that period. Employment tax deposits have their own deadlines with their own penalties. The corporate return has a filing deadline earlier than the personal one. Distributions have to be recorded properly rather than taken as needed from the same account.

None of it is difficult and all of it is a routine, which is exactly why the decision comes down to arithmetic. At $40,000 of profit the routine costs more than it saves. At $90,000 it does not, and the photographer would have paid for three years of unnecessary complexity by electing early.

About the author

Corinne writes for readers doing some of the work themselves.