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LLC vs S Corp: What’s the Real Difference?

“LLC” describes a legal entity formed under state law. “S corp” describes a federal tax status. You form an entity, then may elect S-corporation taxation if eligible. Educational comparison only.

TopicLLC (default tax)S corporation tax
What it isState legal entityFederal tax election
FormationFile with state + pay LLC filing feeForm entity first, then IRS election if eligible
Ownership limitsVery flexibleStrict limits on shareholders and stock classes
Self-employment taxOften on net earnings for active membersSalary subject to payroll tax; qualifying distributions treated differently
FormalitiesGenerally lighterReasonable salary + payroll compliance

Frequently asked questions

What is the difference between an LLC and an S corp?

An LLC is a state legal entity. An S corp is a federal tax election. You form an LLC (or corporation) with the state, then may elect S-corporation tax treatment with the IRS if you meet eligibility rules.

Can an LLC be taxed as an S corp?

Yes. A qualifying LLC can elect S-corporation status by filing the appropriate IRS form if it meets shareholder and structure rules.

Advantages of S corp over LLC default taxation?

For some profitable owner-operators, S-corp taxation can reduce self-employment tax by splitting income into reasonable salary and distributions. It adds payroll formalities. Whether it helps depends on profit level and state rules.

Is an S corp better than an LLC?

Neither is universally better. Many small businesses start as LLCs for flexibility, then evaluate an S-corp election later with a tax professional.

Related

Educational only. Consult a qualified tax professional before electing S-corporation status.