LLC vs S-Corp: tax differences explained (2026)

First, let's clear up the biggest misconception: an S-Corp is not a type of business entity. It is a tax election. You form an LLC, then elect S-Corporation tax treatment by filing IRS Form 2553. The LLC remains your legal entity; the S-Corp is purely how the IRS taxes it.

This distinction matters because it means you do not have to choose between an LLC and an S-Corp at formation. You form the LLC first, then decide later whether to elect S-Corp status based on your income level and tax situation.

The key difference: self-employment tax

Default LLC taxation

A single-member LLC is a "disregarded entity" — all business profit passes through to your personal tax return on Schedule C. You pay self-employment tax of 15.3% (12.4% Social Security + 2.9% Medicare) on ALL net business profit, in addition to regular income tax.

S-Corp taxation

With S-Corp election, you split your income into two categories:

1. Salary (W-2 wages) — subject to payroll taxes (7.65% employee share + 7.65% employer share = 15.3% total)
2. Distributions — NOT subject to self-employment or payroll taxes. Only regular income tax applies.

The savings come from paying yourself a "reasonable salary" that is lower than your total profit, then taking the remainder as distributions that avoid the 15.3% tax.

How the S-Corp election works

1. Form your LLC (Wyoming) — or buy a ready-made Wyoming LLC that already has its EIN
2. File IRS Form 2553 (Election by a Small Business Corporation)
3. Set up payroll — you must pay yourself a W-2 salary
4. Run payroll at least monthly (many do quarterly)
5. File Form 1120-S annually (S-Corp tax return) in addition to your personal return
6. Take remaining profits as distributions (not subject to payroll tax)

Real tax savings by income level

*Reasonable salary assumptions: $35,000 at $40–60K profit, $50,000 at $80–100K, $60,000 at $150K, $75,000 at $200K, $100,000 at $300K. Your specific salary depends on your role, industry, and location.

The reasonable salary requirement

The IRS requires S-Corp owners to pay themselves a "reasonable salary" for the work they perform. You cannot pay yourself $10,000/year and take $190,000 as distributions — the IRS will reclassify the distributions as salary and assess back taxes plus penalties.

What is "reasonable"?

• Comparable to what someone in your role would earn as an employee in your industry and area
• Should reflect the actual work you perform (hours, complexity, expertise)
• Typically 30–50% of net profit, depending on the business
• Can be researched using Bureau of Labor Statistics data, Glassdoor, or industry salary surveys

Rules of thumb

• $50,000–80,000 profit: salary of $30,000–40,000
• $80,000–150,000 profit: salary of $40,000–65,000
• $150,000–300,000 profit: salary of $65,000–100,000
• $300,000+ profit: salary of $100,000–150,000

When to elect S-Corp status

The S-Corp election makes financial sense when your net profit consistently exceeds $50,000–60,000 per year.

Below that threshold, the additional costs of running an S-Corp (payroll service, extra tax return, quarterly payroll tax filings) often offset the tax savings. Here is the break-even analysis:

Additional S-Corp costs

• Payroll service: $500–1,500/year (Gusto, ADP, or accountant)
• Additional tax return (Form 1120-S): $500–1,500 (CPA preparation)
• Quarterly payroll tax filings: included in payroll service
• W-2 and W-3 preparation: included in payroll service
• Total additional annual cost: $1,000–3,000

At $40,000 in profit, the S-Corp saves only ~$300 in taxes but costs $1,000–3,000 in additional compliance — a net loss. At $60,000, the savings ($3,123) exceed the costs ($1,000–3,000) and the election starts making sense.

Total cost comparison

S-Corp for non-residents

Non-resident aliens generally cannot be S-Corp shareholders. The IRS requires all S-Corp shareholders to be US citizens or resident aliens. If you are a non-resident LLC owner, the S-Corp election is not available to you.

This is not necessarily a disadvantage. Non-resident LLC owners who operate entirely outside the US may owe zero US federal income tax on their business profits (no effectively connected income). The self-employment tax savings of an S-Corp are irrelevant when there is no US tax obligation in the first place. If you're outside the US and want a company live now, a ready-made Wyoming LLC with an EIN gets you trading immediately — and the S-Corp question simply doesn't apply.