The optimal business structure in New York City is not a simple choice—it's a strategic decision that depends entirely on your profit level. This analysis reveals the precise point where the best choice flips.
Your business has TWO different profit figures due to the Pass-Through Entity Tax (PTET)
Below this profit level: S-Corp wins
Above this profit level: LLC wins
Annual Tax Savings
NYC UBT + SE Tax (net of QBI)
NYC GCT + FICA Tax (net of QBI)
Result: Beneficial strategy for both entity types
Annual QBI advantage for LLC
Note: QBI deduction expires after 2025
Will your federal profit stay below or exceed the $175,500 crossover point?
Choose S-Corporation: File Form 2553 by March 15, 2026. Weigh $1,228 savings against compliance costs.
Remain an LLC: Savings grow dramatically with higher profits. Avoid conversion complexity.
$1,228 annual advantage at $162K profit
Where the advantage flips to LLC
Review annually as profits and tax laws change.
Consider compliance costs vs. tax savings.
Plan entity elections by required deadlines.