LLC or S corp for a graphic designer in New York (2026)
A graphic designer in New York with $70,000 of profit pays $17,259 a year in tax and fees as a sole proprietor and $18,207 as an LLC taxed as an S corp, with a $49,000 salary. The S corp starts to pay at about $285,000 of profit.
+$948 a year
more for an LLC taxed as an S corp than a sole proprietorship in New York, at these numbers.
Switching from a sole proprietorship to an LLC taxed as an S corp starts to pay at about $285,000 of profit, with the same settings. Setting up costs $1,200 once in state filing fees. As an LLC taxed as an S corp this uses the state's pass-through entity tax election, which lowers the cost here.
New York, 2026: $70,000 profit, single filer
| Item | Sole prop | LLC as S corp | Change |
|---|---|---|---|
| Self-employment taxirs.gov, 2026 rates | $9,891 | $0 | −$9,891 |
| Federal income taxirs.gov, 2026 rates | $4,452 | $5,009 | +$557 |
| State income tax, after the PTET credittax.ny.gov, checked Oct 23, 2026 | $2,916 | $1,837 | −$1,079 |
| Biennial Statementdos.ny.gov, checked Oct 23, 2026 | $0 | $5 | +$5 |
| Payroll tax on your salaryirs.gov, 2026 rates | $0 | $8,261 | +$8,261 |
| State disability and paid leavepaidfamilyleave.ny.gov, checked Oct 23, 2026 | $0 | $243 | +$243 |
| Payroll service and tax return (estimate) | $0 | $1,800 | +$1,800 |
| New York S corporation fixed dollar minimum tax (Form CT-3-S)nysenate.gov, checked Oct 23, 2026 | $0 | $50 | +$50 |
| New York pass-through entity tax, paid by the company (elected)tax.ny.gov, checked Oct 23, 2026 | $0 | $1,002 | +$1,002 |
| Yearly cost | $17,259 | $18,207 | +$948 |
What these figures count
- State income tax, and state taxes on the business itself: franchise, LLC, S corp, gross receipts and excise taxes.
- Social Security and Medicare on both sides of an owner salary, federal unemployment tax and the state's new-employer rate.
- The 20% qualified business income deduction with its income limits and the professional-service rule.
- Yearly report fees, and a cost you can change for payroll and the business tax return.
Many S corp calculators leave out state taxes and the QBI deduction, which can make the election look better than it is.
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At three profit levels
| Profit | Sole prop | LLC | LLC as S corp | C corp |
|---|---|---|---|---|
| $50,000 | $11,644 | $11,667 | $12,861 | $14,497 |
| $70,000 | $17,259 | $17,280 | $18,207 | $20,621 |
| $100,000 | $26,808 | $26,826 | $26,859 | $32,632 |
Salary is the BLS median for the job ($62,960), capped at 70% of profit. Revenue 2.5 times profit. Single filer.
What matters for graphic designers
- This work is not a specified service trade or business, so the 20% QBI deduction stays available above the income limit, subject to the wage limit. Design work is not a listed field in Treas. Reg. 1.199A-5(b)(2), so it qualifies for the full deduction. law.cornell.edu
- At typical design profits the S corp payroll and filing costs can eat most of the payroll tax saving, so the break-even point matters. irs.gov, 2026 rates
- An S corp here adds New York S corporation fixed dollar minimum tax (Form CT-3-S).
What the switch takes in New York
- File the Articles of Organization (DOS-1336) with the state: $200 (fee). New York also requires a newspaper notice, about $1,000.
- Get an EIN from the IRS (free, online) and open a business bank account in the new name.
- Check the business can elect: no more than 100 shareholders, all of them US citizens or residents (no nonresident alien owners), and one class of stock. IRS
- File IRS Form 2553 to elect S corp tax treatment, within 2 months and 15 days of the start of the tax year it should apply to. See how the S corp election works.
- New York needs its own S election filing as well. A federal S corporation must also file Form CT-6 and get New York approval to be a New York S corporation. If it doesn't, it files as a C corporation (CT-3). New York City does not recognize S corporations: they pay the NYC general corporation tax.
- Register with New York as an employer and run payroll for your own salary: federal Forms 941 each quarter, Form 940 and a W-2 each year. New employers pay New York unemployment tax at 4.025% on the first $17,600 of wages. dol.ny.gov See what payroll costs.
- Federal return each year: Form 1120-S, due March 15, plus your own Form 1040.
- State upkeep each year: Biennial Statement, $9 every two years, due every two years, during the calendar month the Articles of Organization were filed. New for you: New York S corporation fixed dollar minimum tax (Form CT-3-S).
Questions
Should a graphic designer in New York form an S corp?
At $70,000 of profit, not on these figures: the S corp costs $948 a year more than staying a sole proprietor.
Is an LLC worth it for a graphic designer in New York?
For tax, a single-member LLC changes nothing: $17,280 a year against $17,259, the difference being New York's LLC fees and LLC taxes. It separates business liability and is the base for an S corp election.
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