1099 Physicians: Should I Form an S Corp or LLC?

At ProLocums, we believe there is no one-size-fits-all way to organize partnerships with hospitals, and the same applies to our relationship with the physicians we hire to care for patients.


Whether you are employed and receiving a W-2 or are an independent contractor physician receiving a 1099 depends on various factors including specialty and role. Most physicians have been W-2 employees at some point, so they inherently understand this model. The independent contractor (IC) model is a little more foreign to many, so it is important to understand the pros and cons of this tax status.


Transitioning from an employed model to being an independent contractor physician (ICP), or starting your career as an independent contractor, presents a variety of often bewildering questions. One of the first is likely about the difference between forming an LLC and an S Corp.


Choosing the right business structure is a complicated question that depends on your state, personal financial goals, and family needs. To help physicians navigate these choices, we've teamed up with DocWealth.io, which specializes in providing CPA services for 1099 physicians to maximize their earnings. Consulting with a professional like DocWealth.io can help you come up with a plan that fits your particular situation and needs.


In this article, we will discuss why being a 1099 physician is the best option and explore whether you should form an S Corp or an LLC to maximize your financial benefits.


Understanding the Difference Between an LLC and an S Corp


When deciding between forming an LLC or an S Corp as a 1099 physician, it's crucial to understand the distinctions and benefits of each structure.


S Corporation (S Corp): An S Corp, or S corporation, is a type of business entity that offers the advantage of pass-through taxation. This means that the company's profits and losses are passed directly to the individual owners, who report them on their personal income tax returns. This structure helps avoid the double taxation commonly associated with traditional C corporations. Owners of an S Corp can also save on self-employment taxes, as they can take a reasonable salary and distribute remaining profits as dividends, which are typically taxed at a lower rate. [not subject to additional self employment taxes.]


Limited Liability Company (LLC): An LLC, or limited liability company, blends the benefits of a corporation with the flexibility of a partnership or sole proprietorship. LLCs are relatively easy to establish and operate, offering significant flexibility in how they are taxed and how profits and losses are allocated among the owners. The members of an LLC are not personally liable for the company's debts and obligations, providing a layer of personal asset protection. Profits can be distributed among one or more members, making it a versatile choice for many business owners.


Contrary to popular belief, the primary purpose of forming an LLC for physicians is not necessarily to shield from liability, but to create an opportunity to save money through electing S Corp taxation.


How Does an LLC Help Lower Your Tax Bill? An LLC can choose to be taxed as an S Corp, allowing the business owner to take advantage of pass-through taxation while also potentially reducing self-employment taxes. By electing S Corp status, the physician can receive a portion of their income as a salary (subject to payroll taxes) and the remaining as a distribution (not subject to self-employment tax), leading to overall tax savings.


The Best of Both Worlds: An LLC Taxed as an S Corp


Many independent contractor physicians opt to form an LLC for its ease of setup and then elect S Corp taxation for federal tax benefits. This setup allows physicians to benefit from the simplicity of an LLC while enjoying the tax advantages of an S Corp.


Here’s how it works:


1. Formation and Election:



  1. The physician establishes an LLC (or a PLLC/PC, depending on state regulations) and chooses to be taxed as an S Corp.


2. Revenue Flow:


  1. The physician group, such as ProLocums, pays the LLC for services rendered.


3. Salary and Distributions:


  1. The physician draws a W-2 salary from the LLC. This salary is generally lower than the LLC’s total revenue but must be “reasonable” according to IRS guidelines.
  2. The remaining income is taken as a distribution, which is not subject to self-employment tax.


As both the employer and employee, the independent contractor physician can significantly reduce self-employment taxes. For 2024, the self-employment tax rate is 15.3% on earnings up to $160,200, with an additional 2.9% on income above this threshold. By balancing W-2 wages and distributions, physicians can save thousands of dollars annually, primarily on payroll taxes, while still meeting their income tax obligations. This strategy offers substantial savings for independent contractor physicians.


Example Scenario:


Dr. Smith owns Smith Medical, LLC. ProLocums pays Smith Medical, LLC $325k through 1099 payments. Smith Medical, LLC then pays Dr. Smith a $125k salary via W-2. As a result, Dr. Smith’s payroll tax is calculated only on the $125k salary instead of the entire $325k.


Payroll Tax Implications Without an LLC:


  1. $160,200 x 15.3% = $24,486.60
  2. $164,800 x 2.9% = $4,779.20
  3. Total: $29,265.80


Payroll Tax Implications With an LLC:


  1. $125,000 x 15.3% = $19,125
  2. Total: $19,125
  3. Savings: $10,140.80


By structuring his income this way, Dr. Smith saves over $10,000 in payroll taxes.


Accessing Non-Wage Income:


The next common question is, “What about the $200k that I’m not taking as wages?” That $200k remains your money and can be accessed through owner distributions or dividends. You can transfer these funds from your business bank account to your personal account with ease. The advantage here is that this $200k is not subject to payroll tax, though it is still subject to income tax.


Forming an LLC and electing S Corp taxation has numerous benefits, but there are also potential downsides. These include compliance with additional tax rules and regulations specific to S Corps. Physicians considering this option should weigh the benefits and drawbacks and consult a tax professional before making a decision. For more information, visit DocWealth.io.


What is QBI and Why Does it Matter?


In recent years, the tax landscape for independent contractors has become increasingly complex, making much of the existing online information outdated. Consulting with a tax professional is crucial for understanding your specific situation.


Qualified Business Income (QBI), outlined in Section 199A of the tax code, refers to net income from a qualified trade or business eligible for deductions under the Tax Cuts and Jobs Act of 2017. For independent contractor physicians, this income is eligible, but only if it falls under certain thresholds:


  1. For 2024, the limit is $364,200 for those married filing jointly.
  2. Benefits phase out above this limit, disappearing entirely at $464,200.


QBI Example:


  1. Dr. Smith earns $325k.
  2. After expenses/deductions, their qualified business income is $250k.
  3. They receive a 20% QBI deduction on the $250k: $250k x 20% = $50,000.
  4. At a 25% tax rate, this reduces their federal tax bill by $12,500.


Understanding QBI and its implications can significantly impact tax planning and savings for independent contractor physicians. For more detailed advice tailored to your circumstances, visit DocWealth.io.


Avoiding the Cap on SALT Deductions


The 2017 tax law that introduced QBI also capped state and local tax (SALT) deductions at $10,000, targeting high-income earners like physicians. To counteract this, many states have introduced or proposed a Pass-Through Entity (PTE) Level Tax. If your state offers PTE, you can pay a portion of your state income tax through your LLC and receive a federal deduction.


For Example:


  1. Dr. Smith lives in Georgia.
  2. PTE-eligible state income tax liability: $12,000.
  3. Smith Medical, LLC pays the $12,000.
  4. At a 25% tax rate, this reduces the federal tax bill by $3,000.


This strategy allows high earners to navigate the SALT deduction cap effectively.


Meet with Your CPA


Organizing an LLC and paying yourself as an employee adds complexity but can lead to substantial savings. In the examples above, Dr. Smith could save:


  1. $10,140.80 in payroll tax
  2. $12,500 from QBI
  3. $3,000 from PTE
  4. Total savings: $25,640.80


These figures don’t include potential savings from retirement contributions or business deductions. While these examples are simplified and may not apply to your specific situation, the potential benefits are significant.


For personalized advice, consult your CPA or schedule a free 30-minute session with DocWealth.io.

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