Businesses that Should be an S Corp

S corps can be advantageous for various types of businesses due to their tax benefits. Here are the criteria that make a business a good fit to be an S corp:

  • High Margin Businesses – S corps are best for businesses that have high income and low expenses. The S corp tax benefit is based on your business’ profit, not revenue. We recommend that you have a conversation with a CPA regarding an S corp election once you have $80k in annual profit.
  • Businesses in Operation 3+ Years – Electing your business to be taxed as an S corp involves a great deal of new compliance and government registrations. If you are only planning to be in operation a year or two, the tax savings may not be worth the time it takes to get this all set up and later dissolved.
  • Businesses with One, Two, or Three Owners – S corps are inflexible as it relates to distributions and allocation of income. The more owners an S corp has, the more frustrating it becomes for owners.
  • Active Businesses – The primary benefit of an S corp is the elimination of the self-employment tax. Self-employment tax isn’t assessed on passive activities such as rental properties.
  • (Bonus – Not Required) – Businesses that Plan to Sell in the Future and Want to Take Advantage of QSBS – Businesses that start as an S corp to save on taxes can later convert to a C corp to take advantage of a larger Qualified Small Business Stock (QSBS) exemption. This strategy can help you exclude a minimum of $10 million at time of sale.

Businesses that Should be an S Corp

Assuming you meet the criteria above, here are the businesses that should be an S corp:
 
  • Real estate agents and brokers
  • Financial advisors
  • Law firms
  • Medical practices
  • Dental practices
  • Consulting firms and consultants
  • Accounting firms and tax preparers
  • Architectural firms
  • Engineering firms
  • Freelancers and independent contractors
  • Insurance agencies
  • Marketing agencies
  • Graphic design studios
  • Software development studios
  • IT consulting firms
  • Web development firms
  • Interior designers
  • Property managers
  • Physical therapists
  • Chiropractors
  • Speech therapists
  • Veterinary clinics
  • Event planners
  • Public relation firms
  • Writers and authors
  • Landscaping businesses
  • Electricians 
  • Contractors
  • Carpentry businesses
  • HVAC companies
  • Cleaning services
  • Painting companies
  • Handyman services
  • Fitness instructor and gym owner
  • Dance and yoga studios
  • Martial arts schools
  • Photographer and videographers
  • Auto repair
  • Hair salons
  • Nail salons
  • Barber shops
 

Businesses that Should (Probably) Not be an S Corp

We see a ton of businesses that blindly elect to be an S corp when it doesn’t make sense. Here are some businesses that should not elect to be taxed as an S corp:

  • Tech startups that aren’t profitable
  • Investment rental properties
  • Low-margin restaurants (exceptions apply)
  • Low-margin retailers (exceptions apply)
  • Low-margin distributors (exceptions apply)

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About the Author

Brett Rosenstein

Brett Rosenstein

Founder of S Corp Advantages
Certified Public Accountant

Brett is the founder and president of S Corp Advantages where he specializes in S corporations. He helps business owners understand if an S corporation election is right for their business. He also keeps current S corps in compliance with IRS regulations.

Brett received a Bachelor of Science in Business Administration from The Ohio State University. He is also a Certified Public Accountant.

When Brett is not working, he is running, biking, spending time with his wife and daughter, or trying new pizza places around Chicago.

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