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Entity Architecture & Pass-Through Counsel

S-Corporation & Entity Tax Strategy.

Executive Thesis & Direct Answer

S-Corporation & Entity Tax Strategy is a high-impact consultative advisory service designed to legally reduce self-employment taxes, protect corporate veil integrity, and maximize pass-through profits. For business owners and sole proprietors with net operating income exceeding $50,000, Alan Balmer, CPA models the exact salary-to-distribution split, establishes institutional-grade reasonable compensation documentation under IRS Section 162 standards, and coordinates late-election relief (Form 2553). The outcome is thousands of dollars in permanent annual payroll tax savings and an airtight defense against IRS compensation audits.

Licensed Texas CPA (TSBPA #042918)
25+ Years Structuring Closely Held Entities & S-Corps
Former Laventhol & Horwath Auditor (Capital Markets Rigor)
Audit-Tested RCReports Methodologies — Zero Junior Delegation
Strategic Inflection Points

Critical Decision Triggers: When You Need Counsel.

Operating without proactive strategy risks unnecessary taxes, penalties, and audit friction. These are the specific turning points when engaging senior counsel changes your financial outcome.

01

Net Schedule C or LLC Income Exceeds $50,000

You are operating as a sole proprietor or single-member LLC, paying a crushing 15.3% self-employment tax (Social Security and Medicare) on 100% of your net profits.

02

Arbitrary Salary-to-Distribution Splits

You already elected S-Corp status, but your prior accountant picked an arbitrary round salary (e.g., $50,000 or 50/50 split) without formal wage justification, leaving you vulnerable to IRS audits.

03

Missed the March 15 S-Corp Election Deadline

You realized you need S-Corporation status for the current tax year, but missed the standard 75-day Form 2553 filing window.

04

Entity Selection Paralyzing Growth

You are starting a venture or expanding existing operations and need clarity on LLC vs. S-Corp vs. C-Corp vs. Holding Company architectures.

05

Shareholder Basis & Distribution Confusion

You took cash out of your business without knowing if you had sufficient tax basis, risking reclassification as taxable capital gains.

Representative Turning-Point Scenarios

Real-World Case Precedents

Scenario A: The $14,000 Annual Self-Employment Tax Elimination
Senior Precedent

A Dallas consulting agency operating as a single-member LLC generated $180,000 in net profit. As a sole proprietor, the founder paid $24,200 in self-employment taxes alone. Alan engineered an S-Corporation conversion, modeled a defensible $80,000 reasonable salary backed by multi-source wage data, and distributed the remaining $100,000 as S-Corp dividends. The structural shift permanently eliminated over $14,100 in annual payroll taxes while establishing bulletproof audit defense.

Scenario B: Retroactive Late S-Corp Relief (Rev. Proc. 2013-30)
Senior Precedent

A medical marketing company in Southlake generated $260,000 in net earnings. Their bookkeeper neglected to file Form 2553 by March 15, threatening to subject the entire profit to full self-employment tax. Alan drafted and submitted a retroactive late S-Corporation election package under Revenue Procedure 2013-30 with substantiated reasonable cause statements. The IRS granted full retroactive approval back to January 1, saving the business $19,500 in taxes.

Jurisdictional Strategy

Texas & Multi-State Jurisdictional Scope

Tax outcomes depend not just on federal codes, but on how state statutes, residency tests, and cross-border apportionment rules intersect. Alan Balmer, CPA leverages decades of nationwide practice to construct defensive, multi-jurisdiction frameworks.

TSBPA License #042918 Argyle, Texas

The Texas Franchise Tax "No Tax Due" Threshold

Texas has no corporate income tax. In Texas, S-Corporations are subject to the Texas Franchise Tax, but entities with total annualized revenue below the state threshold ($2.47M for recent biennia) owe zero franchise tax while filing simplified information reports.

Multi-State S-Corp Apportionment

If your S-Corporation has clients, remote contractors, or operations in states with personal income taxes, those states require non-resident shareholder composite returns or pass-through entity tax (PTET) elections. Alan designs state apportionment models to minimize out-of-state tax leakage.

Protecting Corporate Veil Integrity

Under Texas Business Organizations Code (BOC), maintaining corporate liability protection requires strict separation of personal and business funds, formal shareholder compensation, and documented annual corporate minutes.

Comparative Analysis

Decisions & Tradeoffs: Strategic Reality.

Every tax decision involves tradeoffs between cash liquidity, audit exposure, compliance complexity, and permanent tax savings.

Entity Parameter Sole Proprietorship / Default LLC Optimized S-Corporation Architecture
Self-Employment Tax (FICA) Paid on 100% of net income (15.3% up to cap, 2.9% thereafter, plus 0.9% Medicare surtax). Paid ONLY on reasonable W-2 salary; remaining profits distributed free of SE tax.
Reasonable Compensation Defense Not applicable (all earnings taxed as self-employment income). Defensible multi-factor wage report documented under IRC § 162.
Section 199A QBI Deduction Limited to net business profit after self-employment tax deductions. Balanced to optimize 20% QBI deduction alongside W-2 wage limitations.
Audit Vulnerability Schedule C filers face higher IRS audit rates per IRS data books. Corporate Form 1120-S audit rates are historically much lower than Schedule C.
Corporate Formalities Required Minimal (commingling funds remains the primary liability risk). Requires compliant payroll processing, quarterly filings, and corporate minutes.
Client Alignment

Who This Is For. And Who It Is Not For.

We maintain absolute alignment with our clients. Selective engagements ensure maximum focus, strategic depth, and high-value results.

Ideal Fit Criteria

  • Profitable LLC owners, consultants, contractors, and agencies with net income over $50,000.
  • Active business owners seeking to lower self-employment taxes legally through distribution splits.
  • Business owners facing an IRS audit or penalty notice regarding shareholder compensation.
  • Founders needing retroactive late-election relief for missed Form 2553 deadlines.

Who This Is Not For

  • Passive investment holdings or buy-and-hold rental properties (which belong in LLCs/partnerships, never S-Corps due to basis and distribution traps).
  • Businesses with net income below $40,000 (where payroll compliance overhead offsets tax savings).
  • Companies planning to issue multiple classes of stock or raise venture capital requiring C-Corp equity.
Tangible Value

What Alan Balmer Delivers.

When you retain Alan Balmer, PC for S-Corporation and Entity Tax Strategy, you receive:

01

Reasonable Compensation Analysis & Defense Dossier

A comprehensive, audit-ready wage report establishing your defensible salary across multi-factor criteria (duties, time, industry salary benchmarks, geographic data).

Institutional Deliverable
02

Form 2553 Federal S-Election Package

Precision preparation and submission of your federal S-Corporation election, including late-election relief petitions under Rev. Proc. 2013-30 when applicable.

Institutional Deliverable
03

Salary-to-Distribution Optimization Blueprint

Mathematical modeling balancing self-employment tax savings, Section 199A deduction caps, retirement contribution capacity, and cash distributions.

Institutional Deliverable
04

Shareholder Basis Tracking Schedule

Formal calculation of debt and stock basis under IRC § 1366 to ensure tax-free distributions and loss deductibility.

Institutional Deliverable
05

Corporate Formalities & Governance Directives

Detailed operational checklist to preserve corporate veil integrity, including board minutes documentation and corporate asset separation rules.

Institutional Deliverable
Custom Scope

Tailored Scope for Your Situation

Have a unique transaction, multi-entity portfolio, or complex interstate requirement? Alan Balmer structures bespoke scopes designed around your exact capital timeline.

Cooperative Rigor

What the Client Must Provide

Elite tax strategy is a collaborative partnership. Defensible tax posture requires complete, timely operational records.

Requirement 01 01

Trailing 12 Months of Profit & Loss Statements

Accurate profit and loss records showing revenue, cost of goods, operational overhead, and owner draws.

Requirement 02 02

Owner Role & Time Allocation Breakdown

Detailed breakdown of hours worked per week and operational duties performed (administration, sales, specialized service delivery).

Requirement 03 03

Current Entity Formation Documents

Certificate of Formation, filed Articles of Organization, Operating Agreement, and federal EIN assignment letter.

Requirement 04 04

Historical Return Filings

Prior two years of federal Form 1040 (with Schedule C) or Form 1120-S returns.

Linear Execution

The Engagement Process.

A disciplined, four-stage progression from preliminary mutual-fit review to finalized blueprint delivery.

01 Stage 01

Mutual Fit Consultation (Text or Email)

Reach out directly via text or email. Consultations are complimentary and scheduled at Alan's discretion following an initial review to confirm mutual fit.

Phase 01 Protocol
02 Stage 02

Financial Modeling & Feasibility Diagnostic

We analyze your net profit, calculate precise FICA tax savings, and evaluate S-Corp suitability against administrative costs.

Phase 02 Protocol
03 Stage 03

Reasonable Compensation Modeling & Filing

Alan compiles your salary defense dossier, drafts Form 2553 (with late-election petitions if required), and coordinates with the IRS.

Phase 03 Protocol
04 Stage 04

Execution Blueprint & Governance Directives

Alan delivers your finalized compensation report, distribution schedule, and structural guidelines for ongoing compliance.

Phase 04 Protocol
Investment Mechanics

Fee Structure & Models

$
Flat project fee or fixed annual or quarterly advisory retainer, finalized after a free, no-cost, no-obligation consultation.
  • Engagement Models: S-Corporation advisory is structured as either a flat project fee (for entity conversions, reasonable compensation studies, or late-election relief) or as a fixed annual or quarterly advisory retainer for ongoing entity counsel.
  • Measurable Return on Investment: Eliminating self-employment taxes on $50,000–$150,000+ of distributions routinely generates $5,000 to $18,000 in immediate annual savings.
  • Finalized After Free Consultation: Your exact project fee or retainer investment is finalized after a free, no-cost, no-obligation consultation with Alan Balmer, CPA.
Authority & Track Record

Proof, Precedent & Experience

25+ Years of Entity Tax Counsel

Alan has structured hundreds of successful S-Corporations across Texas and nationwide, helping entrepreneurs keep more of their hard-earned revenue.

Institutional Audit Precision

Trained at Laventhol & Horwath, Alan builds compensation and basis documentation that withstands aggressive IRS scrutiny.

100% CPA-Engineered Deliverables

No automated software shortcuts or generic templates. Every compensation study and election package is calculated and assembled directly by Alan Balmer.

Direct Answers

Frequently Asked Questions.

Clear, definitive answers to common strategic questions regarding this practice area.

At what net income level does an S-Corporation election make sense?
Generally, an S-Corporation begins yielding net tax benefits when your business generates at least $40,000 to $50,000 in annual net profit after ordinary expenses. Below that threshold, the administrative overhead of payroll processing and corporate tax filings can outweigh self-employment tax savings. We calculate the exact breakeven point during your initial consultation.
What happens if I set my S-Corp salary too low?
The IRS actively targets S-Corporations that pay artificially low salaries (or zero salary) while distributing large sums as dividends. If audited, the IRS can reclassify all distributions as wages, assess back payroll taxes, impose a 20% accuracy-related penalty, and add compounding interest. Our Reasonable Compensation Dossier provides the empirical evidence needed to defend your salary.
What if I missed the March 15 deadline to elect S-Corp status?
Under IRS Revenue Procedure 2013-30, eligible small business entities can obtain retroactive late-election relief up to 3 years and 75 days after the intended effective date, provided they show reasonable cause for the late filing. Alan prepares and files these relief petitions with high success rates.
Should I hold real estate inside an S-Corporation?
Almost never. Holding appreciating real estate inside a corporation creates severe tax traps: moving property out of a corporation triggers taxable gain, and refinancing proceeds distributed to owners can trigger unexpected taxes. Real estate should generally be held in LLCs taxed as partnerships or disregarded entities.
Can an S-Corporation have foreign shareholders or investors?
No. Under IRC § 1361, S-Corporation shareholders must be U.S. citizens or resident aliens, certain trusts, or estates. Non-resident aliens, partnerships, and C-Corporations cannot hold S-Corp shares. If you plan to accept foreign investment or institutional venture capital, a C-Corp or LLC structure is required.
Primary Authorities & Statutory Framework

All advisory modeling, election filings, and structural recommendations in this practice area adhere strictly to the Internal Revenue Code, Treasury Regulations, and relevant state statutory codes:

  • § Internal Revenue Code Subchapter S (§§ 1361–1379)
  • § Internal Revenue Code § 162 (Trade or Business Expenses - Reasonable Salaries)
  • § IRS Revenue Procedure 2013-30 (Late S-Corporation Election Relief)
  • § IRS Wage and Investment Technical Fact Sheet: S-Corporation Compensation
  • § Texas Business Organizations Code Chapter 101 (Limited Liability Companies)
TSBPA Firm ID #042918 Compliance Standard Last Regulatory Verification: September 2026
Direct Senior Counsel

Ready to Discuss Your Tax Strategy?

Consultations are complimentary and scheduled directly with Alan Balmer, CPA following an initial direct review to confirm mutual fit.

Screened Consultation Action Protocol
Direct CPA Engagement
1
Initial Direct Outreach Contact Alan directly via text or email at 641.233.1036 or alan@alanbalmerpc.com.
2
Mutual Fit & Scope Review Consultations are complimentary and scheduled at Alan's discretion following an initial direct review to confirm alignment and complexity fit.
3
Objective Strategic Roadmap Receive an objective evaluation of your tax posture with a clear flat project or advisory retainer proposal—never surprise billable hours.