For digital marketing · dev · design agencies · 3 to 20 staff

Your agency builds software. The IRS owes you a credit for it.

3 to 20 people, mixed W-2 and 1099, AWS and SaaS bills stacked to the ceiling. We clean up contractor classification, run the §41 R&D credit on your dev hours, and engineer §199A QBI around the W-2 wage limits so your draw is not double-taxed.

What agencies get wrong (and what we fix)

Most boutique agencies leave $40K to $120K in federal tax on the table by misclassifying contractors, ignoring the R&D credit, or tripping the §199A SSTB cliff at $241,950 of taxable income (2024, single).

W-2 vs 1099 classification

The DOL's 2024 economic-reality test plus IRS common-law factors. Your "1099 senior dev who only works for you" is probably a W-2. We audit your roster, document control factors, and either restructure the role or accept it as W-2 before the IRS reclassifies and charges back FICA, FUTA, and §3509 penalties.

29 CFR §795; IRC §3121; §3509; Rev. Rul. 87-41

§199A QBI 20% deduction

Above the $241,950 single / $483,900 joint threshold (2024), the deduction is limited to the greater of 50% of W-2 wages or 25% of wages plus 2.5% of UBIA. Marketing and consulting agencies hit SSTB rules. We model wage levels and entity choice so you actually get the deduction instead of phasing out.

IRC §199A(b)(2), (d)(2); Treas. Reg. §1.199A-5

R&D credit §41 for software dev

Custom internal tools, client-side automation, AI integrations, novel SaaS features all qualify if they meet the four-part test. Wages of devs, contracted dev time at 65%, and cloud compute count. Payroll-tax offset up to $500K for qualified small businesses under §41(h). We do the time-and-cost study and file Form 6765.

IRC §41(d), §41(h); Treas. Reg. §1.41-4; Form 6765

Software, SaaS, and cloud spend

Figma, Adobe, GitHub, Slack, Notion, HubSpot, AWS, Vercel, OpenAI API. All ordinary and necessary under §162. We split capitalized vs deducted under Rev. Proc. 2000-50 (now §174 amortization for internal-use software), so your stack hits the right line and the right year.

IRC §162(a); §174; Rev. Proc. 2000-50; Notice 2023-63

Conference and client travel

SaaStr, INBOUND, Cannes Lions, Adobe MAX, client-site visits. Airfare, lodging, 50% of meals under §274(n), conference fees, ground transport, baggage. We build a per-trip expense template so each conference becomes a documented deduction, not a question mark in QuickBooks.

IRC §162(a)(2); §274(n); Treas. Reg. §1.274-5T

S-Corp distributions and accountable plan

Most agency owners are S-Corp shareholders. We set reasonable comp under §1402, run an accountable plan for owner home office and phone, and reimburse instead of deducting personally. Cleaner books, smaller W-2, no §132 fringe benefit headaches.

IRC §62(c); §132; §1402(a); Treas. Reg. §1.62-2

Real client example

12-person digital agency, $2.4M revenue, mixed marketing and custom dev work in tax year 2024. Prior CPA had never run a §41 study because they "did not do R&D."

$89,000 R&D credit claimed

Wages of four devs, 65% of two contracted dev firms, and cloud compute on three internal automation builds qualified under the four-part test. Credit applied against payroll tax under §41(h) for the small-business election, freeing cash flow inside the year.

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Disclaimer. This page is general tax information, not advice for your specific situation. Code section references and IRS revenue procedures are accurate as of the 2024 tax year and may change. R&D credit qualification, contractor classification, and §199A SSTB position all require facts-and-circumstances analysis and contemporaneous documentation. Savings examples are illustrative and based on actual client outcomes but your results will depend on staff mix, project type, entity structure, state of residence, and documentation quality. Zero Fuss Taxes is the operating brand. We are not your tax advisor until we sign an engagement letter.