Tax & Compliance

How do I structure a practice for tax efficiency?

Tax-efficient practice structure is the legal entity organization and compensation strategy that minimizes federal, state, and payroll taxes within compliance constraints (Stark Law, Anti-Kickback, state corporate practice rules).

Reviewed by Stanislav Sukhinin, CFALast reviewed April 9, 2026

Quick answer

The most tax-efficient practice structure typically involves an S corporation or PLLC for the clinical practice, a separate LLC for real estate, an MSO for non-clinical services, and a defined benefit retirement plan, optimized to preserve QBI and balance payroll tax exposure.

The detail

A typical multi-entity tax structure for a healthcare practice includes four components. First, the clinical practice entity (PC, PLLC, or S corp depending on state corporate practice of medicine rules) earns clinical revenue. S corp election allows shareholder-employees to take a portion as W-2 wages and the remainder as distributions, avoiding payroll tax on the distribution portion (subject to reasonable compensation requirements). Second, a separate LLC owns the practice real estate and leases to the practice at fair market value, generating non-SSTB rental income that may qualify for QBI deduction even when clinical income is phased out. Third, a Management Services Organization (MSO) can provide non-clinical services (admin, IT, scheduling) to the practice, potentially generating non-SSTB income subject to fair market value pricing rules. Fourth, retirement plans (401(k) plus Cash Balance) shelter $250K to $400K+ per partner. Each layer requires legal substance, fair market value pricing, and Stark Law compliance for any inter-entity arrangements involving designated health services.

  • S corporation election can reduce self-employment tax exposure on distributions above reasonable compensation.

    Source: IRS S Corporation

  • Stark Law requires fair market value documentation for inter-entity arrangements involving designated health services.

    Source: CMS Stark Law

  • MSO structures must avoid fee-splitting violations under state law and federal Anti-Kickback Statute.

    Source: OIG Anti-Kickback Statute

What this means for clinic owners

From Sorso

The cheapest tax structure on paper is often the most expensive after legal exposure. Any structure that involves multiple entities and inter-entity payments needs Stark and Anti-Kickback review by healthcare counsel, not just tax planning. Cutting corners here is how practices end up paying back years of profits.

SS
Stanislav Sukhinin, CFA

Founder of Sorso. 19 years in corporate finance. Managed a $450M loan portfolio before building a fractional CFO firm exclusively for healthcare clinics.

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