Reasonable compensation for an S corporation lawyer

BLS Occupational Employment and Wage Statistics, May 2025 survey. SOC 23-1011, Lawyers.

Lawyers in the US earn a median of $159,670 a year in wages, according to BLS. The middle half earn between $102,990 and $221,370. Those figures are a starting point for an owner’s reasonable salary, adjusted for the owner’s actual duties, hours and experience.

United States wage distribution

Show wages as
$159,670$76.76
Median wage ($76.76 an hour)($159,670 a year)
$100k$48$150k$72$200k$96$250k$120$300k$144$350k$168$400k$192Median
10th percentile
$78,360$37.67
25th percentile
$102,990$49.51
Median
$159,670$76.76
75th percentile
$221,370$106.43
90th percentile
$351,600$169.04
Employed in the US
754,500
Survey period
May 2025
States with data
51 of 51

How to use these numbers

The IRS expects S corporation shareholders who work in the business to take a reasonable salary before taking distributions. There is no single formula. Courts and the IRS look at what the business would pay someone else to do the same work.

Market wage data like this is one of the strongest pieces of support, as long as it matches the owner’s real role. An owner who also runs the business full time may justify a figure above the median; one who works part of the week may justify less.

Factors courts consider

  1. Training and experience
  2. Duties and responsibilities
  3. Time and effort devoted to the business
  4. Dividend history
  5. Payments to non-shareholder employees
  6. Timing and manner of paying bonuses to key people
  7. What comparable businesses pay for similar services
  8. Compensation agreements
  9. The use of a formula to determine compensation

Source: IRS Fact Sheet 2008-25, Wage Compensation for S Corporation Officers.

About this data

These figures are the May 2025 estimates from the Occupational Employment and Wage Statistics (OEWS) program of the U.S. Bureau of Labor Statistics. OEWS surveys employers rather than individuals and covers wage and salary workers, so it does not include self-employed owners. Wages are straight-time gross pay, including commissions and production bonuses but not overtime premiums or employer-paid benefits. Annual wages are hourly wages multiplied by 2,080 hours.

A percentile wage is the pay below which that share of workers falls: a quarter of workers earn less than the 25th percentile. BLS does not publish an estimate when too few employers responded or it does not meet BLS quality standards. Where a wage is at or above the highest figure BLS publishes for the survey, we show that cap followed by “or more”. We do not publish a state page when the median, or two or more percentiles, are unpublished.

By state

StateMedianvs USEmployed
Alabama$131,97017.3% lower6,730
Alaska$149,9406.1% lower1,120
Arizona$134,26015.9% lower11,640
Arkansas$98,88038.1% lower3,430
California$195,08022.2% higher95,770
Colorado$168,5205.5% higher16,720
Connecticut$163,6002.5% higher8,420
Delaware$173,5108.7% higher2,920
District of Columbia$195,19022.2% higher33,070
Florida$133,18016.6% lower55,210
Georgia$134,83015.6% lower23,930
Hawaii$124,99021.7% lower2,270
Idaho$103,40035.2% lower2,490
Illinois$160,8000.7% higher33,590
Indiana$126,86020.5% lower8,970
Iowa$123,55022.6% lower3,550
Kansas$106,65033.2% lower4,190
Kentucky$101,55036.4% lower5,770
Louisiana$104,10034.8% lower10,200
Maine$113,12029.2% lower2,280
Maryland$139,11012.9% lower13,810
Massachusetts$176,68010.7% higher23,560
Michigan$130,52018.3% lower16,620
Minnesota$155,1402.8% lower12,380
Mississippi$91,69042.6% lower3,100
Missouri$133,45016.4% lower11,560
Montana$103,72035.0% lower2,380
Nebraska$109,17031.6% lower3,490
Nevada$150,5105.7% lower6,490
New Hampshire$120,81024.3% lower2,250
New Jersey$161,4301.1% higher23,160
New Mexico$119,68025.0% lower3,380
New York$207,86030.2% higher91,870
North Carolina$127,71020.0% lower17,000
North Dakota$106,88033.1% lower1,050
Ohio$131,02017.9% lower19,950
Oklahoma$103,06035.5% lower6,980
Oregon$138,21013.4% lower7,150
Pennsylvania$157,1801.6% lower27,170
Rhode Island$138,96013.0% lower1,840
South Carolina$120,31024.7% lower7,890
South Dakota$102,04036.1% lower1,360
Tennessee$136,18014.7% lower9,010
Texas$154,2003.4% lower56,580
Utah$132,83016.8% lower7,020
Vermont$127,31020.3% lower1,330
Virginia$167,2104.7% higher18,580
Washington$154,1303.5% lower12,770
West Virginia$102,42035.9% lower2,440
Wisconsin$126,76020.6% lower9,160
Wyoming$100,13037.3% lower900

This page summarizes published government wage data. It is not a reasonable compensation study or tax advice for any specific taxpayer. Wages exclude benefits and self-employment income. Data: U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics, May 2025.