Estimate your net settlement payout after attorney fees, case expenses, medical liens, and other deductions.
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A Texas-based freelance graphic designer earns $140,000 net profit/year from client work. She's evaluating whether to stay as a sole proprietor, form an LLC, or elect S-Corp status to reduce self-employment taxes.
Takeaway: S-Corp saves $8,300/year but adds ~$1,500-$3,000 in accounting fees (payroll, extra returns). Break-even is around $80-90K net profit. Below that, the overhead eats the savings. Texas has no state income tax, so the benefit is purely federal SE savings.
LLC annual fees range from $0 (Ohio) to $800 minimum (California, even for zero-revenue LLCs). Delaware C-Corp is standard for VC-backed companies but adds registered agent costs (~$300/yr) for out-of-state entities. The "best" structure is state-specific.
S-Corps cannot have more than 100 shareholders, cannot have non-US shareholders, and cannot have corporate shareholders. Violating these rules (e.g., adding a foreign investor) terminates S-Corp status retroactively, potentially creating a large unexpected tax event.
The IRS requires S-Corp owner-employees to pay themselves a "reasonable salary" before taking distributions. There is no fixed formula — the IRS looks at industry benchmarks, duties, and hours worked. Setting the salary too low is a common audit trigger for S-Corps.
Business break-even models track revenue vs. direct costs. They rarely factor in the owner's time as a cost. If you're working 60 hours/week at imputed $50/hour, your "profitable" business may be paying you $12/hour after the opportunity cost calculation.
Break-Even CalculatorA service business valued on EBITDA multiples (2-4×) gets a very different number than one valued on SDE (seller's discretionary earnings) or discounted cash flow. Buyers and sellers typically use different methods to argue their preferred price. This calculator uses a single method.
Business Valuation CalculatorBased on your inputs
53.0% goes to deductions
| Gross Settlement | $100,000 |
|---|---|
| Attorney Fee (33%) | -$33,000 |
| Case Expenses | -$5,000 |
| Medical Liens | -$15,000 |
| Other Deductions | -$0 |
| Total Deductions | -$53,000 |
| NET TO CLIENT | $47,000 |
| Potentially Taxable | $0 |
Consult a tax professional about the taxability of your specific settlement.
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Personal injury attorneys typically charge 33% (pre-suit), 40% (after filing), and sometimes 45% at trial. Review your retainer agreement for the exact percentage.
Physical injury settlements are generally not taxable under IRC § 104. Punitive damages, emotional distress (without physical injury), and interest ARE taxable.
If your health insurance or Medicaid paid medical bills related to your injury, they have a right to be reimbursed from your settlement. This is called a lien.
Gross Settlement − Attorney Fees − Case Expenses − Medical Liens − Other Deductions = Net to Client.
After signing a release, settlement checks typically arrive in 2-6 weeks. The attorney deposits the check, pays liens and expenses from the trust account, then distributes your net amount. Complex cases with multiple liens may take longer.
Yes. Health insurers and providers often accept reduced lien amounts, typically 50-75% of the original bill. Your attorney can negotiate liens to increase your net recovery. Medicare and Medicaid liens have specific federal rules limiting reductions.
A lump sum pays the full amount at once. A structured settlement pays over time through an annuity, providing tax-free income. Structured settlements suit large amounts for long-term needs but reduce flexibility to access funds immediately.
Case expenses include court filing fees, expert witness fees, medical record costs, deposition transcripts, process server fees, and investigation costs. These are separate from attorney fees and are deducted from your settlement before distribution.
Physical injury settlements are generally tax-free under IRC Section 104. Employment settlements, punitive damages, emotional distress without physical injury, and interest on settlements are taxable. Consult a tax professional for your specific situation.
A contingency fee means your attorney only gets paid if you win or settle. The standard rate is 33% pre-lawsuit and 40% after filing suit. You pay nothing upfront, but case expenses may still be deducted from your recovery.
Net = Gross − Attorney Fee − Case Expenses − Liens − Other
Attorney Fee = Gross × Attorney %
Every formula on this page traces to a federal agency, central bank, or peer-reviewed institution. We cite the rule-makers, not secondhand blogs.
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Calculations are for educational purposes only. Consult a qualified financial advisor for personalized advice.