LLC or S corp for a lawyer in Washington (2026)

A lawyer in Washington with $180,000 of profit pays $50,915 a year in tax and fees as a sole proprietor and $55,629 as an LLC taxed as an S corp, with a $126,000 salary. On these figures the S corp does not pay at any profit up to $500,000.

+$4,714 a year

more for an LLC taxed as an S corp than a sole proprietorship in Washington, at these numbers.

With these settings the switch does not pay at any profit from $10,000 to $500,000. Setting up costs $200 once in state filing fees.

Washington, 2026: $180,000 profit, single filer

Item	Sole prop	LLC as S corp	Change
Washington business and occupation (B&O) tax, service and other activitiesdor.wa.gov, checked Oct 23, 2026	$5,670	$5,670	$0
Self-employment taxirs.gov, 2026 rates	$24,632	$0	−$24,632
Federal income taxirs.gov, 2026 rates	$20,613	$25,801	+$5,188
Annual Reportsos.wa.gov, checked Oct 23, 2026	$0	$70	+$70
Payroll tax on your salaryirs.gov, 2026 rates	$0	$20,540	+$20,540
State disability and paid leaveesd.wa.gov, checked Oct 23, 2026	$0	$1,748	+$1,748
Payroll service and tax return (estimate)	$0	$1,800	+$1,800
Yearly cost	$50,915	$55,629	+$4,714

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.

At three profit levels

Profit	Salary used	Sole prop	LLC	LLC as S corp	C corp
$120,000	$84,000	$31,089	$31,138	$34,568	$38,158
$180,000	$126,000	$50,915	$50,963	$55,629	$60,617
$260,000	$160,000	$77,410	$77,447	$81,307	$91,169

Salary is the BLS median for the job ($159,670), capped at 70% of profit. Revenue 2.1 times profit. Single filer.

What matters for lawyers

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

What the switch takes in Washington

File the Certificate of Formation with the state: $200 (fee).
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.
Register with Washington 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 Washington unemployment tax at 1.53% on the first $78,200 of wages. esd.wa.gov See what payroll costs.
Federal return each year: Form 1120-S, due March 15, plus your own Form 1040.
State upkeep each year: Annual Report, $70 a year, due Last day of the anniversary month of formation.

Questions

Should a lawyer in Washington form an S corp?

At $180,000 of profit, not on these figures: the S corp costs $4,714 a year more than staying a sole proprietor.

Is an LLC worth it for a lawyer in Washington?

For tax, a single-member LLC changes nothing: $50,963 a year against $50,915, the difference being Washington's LLC fees. It separates business liability and is the base for an S corp election.

Other professions in Washington

Other states