An LLC is a legal structure
The LLC (limited liability company) is a state-law entity that separates your personal assets from business liabilities. It says nothing about how you're taxed.
Through Reese CPA
Most business owners search “LLC vs S-corp” when the real question is simpler: should my LLC make the S-corp tax election? The answer depends on your net profit, your role, and what you plan to do with the business. We run the analysis.
The real question
The confusion is understandable — most online comparisons treat them as competing choices. They’re not. An LLC can be taxed as a sole proprietor, a partnership, a C-corp, or an S-corp. The question is which tax treatment fits your business.
The LLC (limited liability company) is a state-law entity that separates your personal assets from business liabilities. It says nothing about how you're taxed.
S-corp status is an IRS election — filed on Form 2553 — that changes how your business income is taxed. Your LLC can make this election and remain an LLC legally.
When people ask LLC vs S-corp, they're usually asking: should I stay with default LLC taxation (all profit subject to self-employment tax) or elect S-corp status (only my W-2 salary is)?
Getting the structure right at your income level can mean $5,000–$20,000+ in annual tax savings — or unnecessary compliance costs if you elect too early. The threshold is specific to your situation.
How each is taxed
A single-member LLC with no election is taxed as a sole proprietor by default. Every dollar of net profit — after business deductions — flows to your Schedule C and is subject to both income tax and the 15.3% self-employment tax (up to the Social Security wage base, then 2.9% above it). There’s no distinction between your “salary” and your “profit.”
With the S-corp election, the same LLC now requires you to pay yourself a reasonable W-2 salary. Payroll taxes apply only to that salary. The remaining net profit passes through as a distribution — subject to income tax but not self-employment tax. That gap is where the savings come from.
Tax treatment side by side
The break-even
The S-corp election adds real costs: payroll setup, quarterly payroll tax filings, year-end W-2s, and often a more complex tax return. In most states, you’re looking at $1,500–$3,000+ in additional annual compliance cost. The election only makes sense when the SE tax savings exceed those costs.
For most businesses, that break-even lands around $50,000–$80,000 in net profit, depending on state, industry, and the salary you’d need to pay yourself. Below that, the compliance cost outpaces the savings. Above it, the gap widens meaningfully with each additional dollar of profit shifted from W-2 to distribution.
Illustrative example
$200K net profit. Default LLC vs S-corp election.
Default LLC
~$22,000
SE tax on $200K net profit
S-corp election
~$11,500
Payroll tax on $90K W-2 salary only
Illustrative only. Assumes $90K reasonable compensation, standard FICA rates, and ~$2K annual compliance cost for the S-corp election. Actual savings depend on salary, state, and filing costs. This is not tax advice.
When to stay as an LLC
The S-corp election isn’t always the right call. These are the scenarios where staying with default LLC taxation is the smarter move.
Below the break-even, the added compliance cost of payroll, quarterly filings, and a more complex return outpaces the FICA savings. The default LLC is simpler and cheaper at this stage.
S-corps can't have corporate shareholders, non-resident alien shareholders, or more than 100 shareholders. If you're on a path toward institutional investment or complex equity structures, the LLC (taxed as a partnership or C-corp) offers more flexibility.
S-corps must distribute profits proportionally to ownership percentage — you can't give one owner a larger share of profits without changing equity. An LLC taxed as a partnership allows special allocations, which is often necessary with multiple founders or partners.
If revenue swings significantly year to year, the fixed compliance cost of the S-corp election becomes harder to justify. The default LLC lets you revisit the election when income is more consistent.
When to elect S-corp
For owner-operators above the break-even with stable income, the S-corp election is usually the right call. The savings are real, recurring, and compound as the business grows.
The key is making the election at the right time, setting a defensible salary from the start, and running the QBI interaction so the compensation split is optimized on both sides.
Deep dive: S-corp compensation planningConditions where the S-corp election pays off
Get started
We start with a 30-minute call to review your net profit, role in the business, and growth trajectory — then run the break-even analysis and tell you exactly whether and when the S-corp election makes sense.
Tax services provided through Reese CPA. This page is educational and does not constitute tax advice.