Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team
| Feature | LLC (Default) | S Corp |
|---|---|---|
| Taxation | Pass-through | Pass-through |
| Self-employment tax | 15.3% on all net profit | 15.3% on salary only |
| Owner salary requirement | No | Yes (reasonable salary) |
| Payroll processing needed | No | Yes |
| Tax return | Schedule C (Form 1040) | Form 1120-S + K-1 |
| Ownership restrictions | None | Max 100 shareholders, US residents only |
| Stock classes | N/A | One class only |
| Annual cost | $0-$800 (state fees) | $500-$2,000 (payroll + accounting) |
A single-member LLC is taxed as a sole proprietorship by default. You report business income and expenses on Schedule C of your personal tax return. All net profit is subject to:
Example: LLC with $120,000 net profit pays $18,360 in self-employment tax (15.3% of $120,000), plus income tax.
When an LLC elects S Corp taxation (Form 2553), the owner must take a "reasonable salary" as a W-2 employee. The remaining profit is distributed as owner distributions, which are NOT subject to self-employment tax.
Example: S Corp with $120,000 net profit:
| Cost Item | Annual Cost | Notes |
|---|---|---|
| Payroll processing | $300-$1,200 | Gusto, ADP, or QuickBooks Payroll |
| Form 1120-S preparation | $200-$500 | CPA or tax software |
| State franchise fees | $0-$800 | California: $800 minimum franchise tax |
| Additional bookkeeping | $200-$600 | Separate business bank account required |
| Total additional cost | $700-$2,100/year |
| Annual Net Profit | Recommendation | Approximate Annual Savings |
|---|---|---|
| Under $40,000 | Stay as LLC | Negative (costs exceed savings) |
| $40,000-$60,000 | Marginal — depends on state | $0-$1,500 |
| $60,000-$80,000 | Consider S Corp | $1,500-$4,000 |
| $80,000-$120,000 | S Corp recommended | $4,000-$9,000 |
| $120,000+ | Strongly recommended | $9,000+ |
The IRS requires S Corp owners to pay themselves a "reasonable salary" before taking distributions. Factors:
Rule of thumb: 40-60% of total business profit as salary. The IRS audits S Corps with suspiciously low salaries.
Generally when net profit exceeds $60,000-$80,000/year. At that level, the 15.3% self-employment tax savings on distributions above your salary outweigh the additional payroll and accounting costs.
Approximately 15.3% on profits above your reasonable salary. If you earn $120K and take a $60K salary, you save about $9,180/year in self-employment tax.
40-60% of total business profits, based on industry standards. The IRS audits S Corps paying unreasonably low salaries to avoid payroll taxes.
Yes. You form an LLC at the state level, then file Form 2553 with the IRS to be taxed as an S Corp. This gives you LLC legal protection with S Corp tax benefits.
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