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Entity Selection

LLC vs S-Corp: The Decision That Could Save You Thousands.

Most business owners are overpaying taxes because they're in the wrong entity structure. One IRS form could change that.

A guide by Taxstra Tax & Accounting — CPA-led tax strategy for business owners

The Short Answer

If your net business profit exceeds $50,000 per year, an S-Corp election could save you $5,000–$30,000 annually in self-employment tax. Below that, the compliance costs usually outweigh the savings. But the real answer depends on your specific situation.

Side-by-Side Comparison

Sole proprietorship, LLC, and S-Corp across eight key factors.

FeatureSole PropLLC (Default)S-Corp
Legal ProtectionNoneYesYes
Self-Employment Tax15.3% on ALL profit15.3% on ALL profitOnly on salary
Tax Return FiledSchedule CSchedule CForm 1120-S + K-1
Payroll RequiredNoNoYes
Annual Compliance Cost~$0$0–$500/yr$2,000–$5,000/yr
Best ForSide hustles <$40KUnder $50K profitOver $50K profit
QBI Deduction (23%)YesYesYes
Retirement PlansSEP IRASEP IRASolo 401(k) + match

How S-Corp Saves Money

A real example with $150,000 in net business profit.

As an LLC

Net Profit$150,000
SE Tax Rate15.3%
Self-Employment Tax$22,950

As an S-Corp

Reasonable Salary$60,000
Payroll Tax on Salary$9,180
Distribution (no payroll tax)$90,000
Total Payroll Tax$9,180

Annual Savings

$13,770

Minus ~$3,000 in S-Corp compliance costs = ~$10,770 net savings per year

Figures are illustrative. Actual savings depend on your specific situation and reasonable compensation analysis. The $60,000 salary shown is hypothetical.

When to Stay an LLC

The S-Corp is not the right choice for everyone. These situations call for keeping your default LLC taxation.

Net profit under $40K–$50K — the compliance costs outweigh the tax savings

Planning to raise VC funding — investors prefer C-Corps for convertible notes and preferred stock

You have foreign (non-US) shareholders — S-Corps can't have them

You hold rental real estate — never put appreciating property in an S-Corp (triggers deemed sale on exit)

More than 100 shareholders — S-Corps have a 100-shareholder limit

When to Elect S-Corp

These conditions signal that an S-Corp election is likely worth it.

Net profit consistently over $50K — the savings are real and compounding

No plans for outside investment — you're bootstrapping and self-funded

Willing to run payroll — or have your CPA handle it (like us)

Want to maximize retirement contributions — S-Corp enables employer match in Solo 401(k)

Ready to treat your business like a real business — separate bank accounts, clean books, formal structure

The Election Process

Five steps from LLC formation to your first S-Corp payroll run.

1

Form Your LLC

File articles of organization with your state. This creates your legal entity.

2

Get an EIN

Apply for an Employer Identification Number from the IRS (free, takes 5 minutes online).

3

File Form 2553

Submit your S-Corp election to the IRS. Due by March 15 for the current tax year.

4

Set Up Payroll

Begin paying yourself a reasonable salary via W-2. We use ADP for seamless processing.

5

File Form 1120-S Annually

Your S-Corp files its own tax return and issues K-1s to shareholders.

Watch Out
Missed the March 15 deadline? You may still qualify for late election relief. Learn about late S-Corp elections →

5 Mistakes That Cost Thousands

We see these errors with newly elected S-Corps more than anything else.

Paying Yourself $0 Salary

The #1 S-Corp audit trigger. The IRS requires reasonable compensation for owners who perform services.

Setting Salary Too Low

Without proper documentation (like RC Reports), the IRS can reclassify your distributions as wages — plus penalties.

Missing Form 2553 Deadline

If you don't file by March 15, you may have to wait until the next tax year. Late relief exists but isn't guaranteed.

Putting Real Estate in an S-Corp

Moving property out of an S-Corp triggers a deemed sale. You'll pay tax on all appreciation. Use a separate LLC.

Ignoring Corporate Formalities

The IRS can pierce the S-Corp election if you don't maintain separate bank accounts, meeting minutes, and proper records.

Frequently Asked Questions

Yes, but you must file Form 2553 within 75 days of the desired effective date. If you miss that window, you can file with a 'reasonable cause' statement or elect for the following tax year. We frequently help clients file late elections successfully.

Not Sure? We'll Run the Numbers for You.

Book a free 30-minute strategy call. We'll analyze your specific situation and tell you exactly how much an S-Corp election would save — or if staying as an LLC is the better move.

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