LLC vs S corp for lawyers (2026)
At $180,000 of profit, an S corp election saves a lawyer money over a sole proprietorship in 2 of 51 states, with a $126,000 salary. Pick your state for the calculator with these numbers filled in.
- The IRS treats this work as a specified service trade or business, so the 20% QBI deduction phases out above $201,750 of taxable income (single). Law is a specified service under Treas. Reg. 1.199A-5(b)(2)(iii), which covers services by lawyers and paralegals. law.cornell.edu
- State bar rules decide which entity a law practice may use; many states require a professional LLC or professional corporation. California does not let an LLC practice law. leginfo.legislature.ca.gov
- Median pay for employees in this job: $159,670 (BLS, May 2025).
| State | Sole proprietor | S corp | Saving |
|---|---|---|---|
| New Hampshire | $52,415 | $51,093 | $1,322 |
| District of Columbia | $64,312 | $63,058 | $1,254 |
| South Carolina | $54,026 | $54,240 | +$214 |
| Maryland | $54,906 | $55,860 | +$954 |
| Nebraska | $53,966 | $54,948 | +$982 |
| Virginia | $55,863 | $56,854 | +$991 |
| Alabama | $55,157 | $56,176 | +$1,019 |
| Missouri | $53,983 | $55,022 | +$1,039 |
| Kansas | $55,593 | $56,641 | +$1,048 |
| Mississippi | $53,017 | $54,066 | +$1,049 |
| Louisiana | $51,691 | $52,765 | +$1,074 |
| New Mexico | $53,924 | $55,009 | +$1,085 |
| Georgia | $54,657 | $55,755 | +$1,098 |
| West Virginia | $53,830 | $54,930 | +$1,100 |
| Michigan | $53,917 | $55,029 | +$1,112 |
| Arizona | $50,846 | $51,999 | +$1,153 |
| Iowa | $52,803 | $53,970 | +$1,167 |
| Arkansas | $53,076 | $54,245 | +$1,169 |
| Indiana | $51,963 | $53,159 | +$1,196 |
| Oklahoma | $54,040 | $55,237 | +$1,197 |
| Kentucky | $52,795 | $54,016 | +$1,221 |
| Montana | $55,149 | $56,418 | +$1,269 |
| Idaho | $54,816 | $56,118 | +$1,302 |
| Utah | $54,502 | $55,838 | +$1,336 |
| Texas | $47,058 | $48,454 | +$1,396 |
| South Dakota | $47,058 | $48,515 | +$1,457 |
| Florida | $47,058 | $48,523 | +$1,465 |
| North Carolina | $53,224 | $54,723 | +$1,499 |
| Wisconsin | $54,544 | $56,150 | +$1,606 |
| Pennsylvania | $52,194 | $53,822 | +$1,628 |
| North Dakota | $49,039 | $50,670 | +$1,631 |
| Delaware | $56,915 | $58,642 | +$1,727 |
| Illinois | $55,194 | $56,959 | +$1,765 |
| New York | $55,887 | $57,731 | +$1,844 |
| Wyoming | $47,058 | $48,929 | +$1,871 |
| Maine | $56,998 | $58,925 | +$1,927 |
| Alaska | $47,092 | $49,047 | +$1,955 |
| Minnesota | $57,357 | $59,377 | +$2,020 |
| Vermont | $55,985 | $58,051 | +$2,066 |
| Connecticut | $54,945 | $57,096 | +$2,151 |
| Nevada | $47,195 | $49,600 | +$2,405 |
| Ohio | $47,058 | $49,490 | +$2,432 |
| Colorado | $53,710 | $56,328 | +$2,618 |
| Massachusetts | $55,202 | $57,860 | +$2,658 |
| Rhode Island | $53,402 | $56,157 | +$2,755 |
| California | $58,523 | $61,490 | +$2,967 |
| Oregon | $61,574 | $64,579 | +$3,005 |
| New Jersey | $55,524 | $58,798 | +$3,274 |
| Tennessee | $47,058 | $50,956 | +$3,898 |
| Hawaii | $67,243 | $71,475 | +$4,232 |
| Washington | $50,915 | $55,629 | +$4,714 |
Yearly federal and state tax and fees at $180,000 profit and $378,000 revenue, single filer, $1,800 a year of payroll and return costs.
Questions
Should a lawyer form an S corp?
At $180,000 of profit and a $126,000 salary, an LLC taxed as an S corp costs less than a sole proprietorship in 2 of 51 states. The biggest saving is in New Hampshire ($1,322 a year), and in Washington it costs $4,714 more.
What salary should a lawyer pay themselves?
The IRS expects pay in line with what the work would earn an employee. The median for employees in this job is $159,670 (BLS, May 2025). The figures here use that, capped at 70% of profit. More on reasonable salary.
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