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US Legal Brain Editorial Team
Published: 2026-07-03 · 6 min read · Reviewed by legal professionals

LLC vs S Corp: Tax Comparison Guide (2026)

Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team

Key Takeaways

LLC vs S Corp: Key Differences

FeatureLLC (Default)S Corp
TaxationPass-throughPass-through
Self-employment tax15.3% on all net profit15.3% on salary only
Owner salary requirementNoYes (reasonable salary)
Payroll processing neededNoYes
Tax returnSchedule C (Form 1040)Form 1120-S + K-1
Ownership restrictionsNoneMax 100 shareholders, US residents only
Stock classesN/AOne class only
Annual cost$0-$800 (state fees)$500-$2,000 (payroll + accounting)

How LLC Taxation Works (Default)

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.

How S Corp Taxation Works

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:

S Corp Cost Analysis

Cost ItemAnnual CostNotes
Payroll processing$300-$1,200Gusto, ADP, or QuickBooks Payroll
Form 1120-S preparation$200-$500CPA or tax software
State franchise fees$0-$800California: $800 minimum franchise tax
Additional bookkeeping$200-$600Separate business bank account required
Total additional cost$700-$2,100/year

When to Elect S Corp Status

Annual Net ProfitRecommendationApproximate Annual Savings
Under $40,000Stay as LLCNegative (costs exceed savings)
$40,000-$60,000Marginal — depends on state$0-$1,500
$60,000-$80,000Consider S Corp$1,500-$4,000
$80,000-$120,000S Corp recommended$4,000-$9,000
$120,000+Strongly recommended$9,000+

How to Elect S Corp Status

  1. Form an LLC (if not already done) — file Articles of Organization with your state
  2. Get an EIN from the IRS (free at irs.gov)
  3. File Form 2553 (S Corp election) — must be filed within 2 months and 15 days of the beginning of the tax year
  4. Set up payroll — you must start paying yourself a W-2 salary
  5. Open a business bank account — keep personal and business finances separate
  6. File Form 1120-S annually (due March 15)

Reasonable Salary Guidelines

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.

Frequently Asked Questions

When should an LLC elect S Corp taxation?

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.

How much can I save?

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.

What is a reasonable salary?

40-60% of total business profits, based on industry standards. The IRS audits S Corps paying unreasonably low salaries to avoid payroll taxes.

Can an LLC be an S Corp?

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.

Official Resources

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Official Legal Resources

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Disclaimer: This article is for informational purposes only and does not constitute legal or tax advice. Consult a licensed CPA or attorney for your specific situation. US Legal Brain (uslegalbrain.cc) is an AI-powered information service, not a law firm.