Article Summary
- 'LLC vs. S-Corp' is a slightly misleading framing — an LLC can itself elect to be taxed as an S-Corp, so the real comparison is default LLC tax treatment vs. S-Corp tax treatment.
- The main tax benefit of an S-Corp election is that only the owner's reasonable salary is subject to payroll taxes, while remaining profit distributed as dividends generally is not, unlike a default LLC where all net self-employment income is subject to self-employment tax.
- That benefit isn't free — an S-Corp requires running actual payroll, filing a separate business tax return, and paying the owner a defensible 'reasonable salary,' all of which add cost and complexity that can outweigh the tax savings at lower profit levels.
"The hardest thing in the world to understand is the income tax."
Albert Einstein
Somewhere around the point a freelancer's business starts consistently generating more profit than they need to live on, a friend or an accountant mentions the words 'you should probably become an S-Corp,' usually without much explanation of what that actually changes. It sounds like a status upgrade. In reality, it's a tax election with a specific mechanical benefit, a real administrative cost, and a break-even point that depends entirely on your numbers — not a universal next step every growing business should take.
What an LLC Actually Is, Tax-Wise
A limited liability company is primarily a legal structure that separates personal and business liability — it says nothing, by default, about how the business is taxed. A single-member LLC is taxed by default as a sole proprietorship, meaning all business profit flows through to the owner's personal tax return and is subject to self-employment tax, which covers both the employee and employer shares of Social Security and Medicare taxes on that income. A multi-member LLC is taxed by default as a partnership, with a similar pass-through structure split among members.
This default treatment is simple: no separate business tax return complexity beyond a schedule attached to your personal return, no payroll requirement for the owner, and no additional administrative filings. The tradeoff is that self-employment tax applies to the entire net profit of the business, with no distinction between what functions as your 'salary' and what functions as retained business profit.
What Changes With an S-Corp Election
An LLC (or a corporation) can elect to be taxed as an S-Corp, which changes the mechanics of how owner income is taxed without changing the underlying legal structure. Under an S-Corp election, the owner must be paid a 'reasonable salary' through actual payroll, subject to standard payroll taxes just like any employee's wages. Any remaining profit can then be distributed to the owner as a shareholder distribution, and that portion is generally not subject to self-employment or payroll tax, only ordinary income tax.
The tax savings come specifically from that split: profit paid as distributions escapes the self-employment tax that would otherwise apply to the entire amount under default LLC treatment. The IRS requires the salary portion to be 'reasonable' for the work performed and industry, specifically to prevent owners from classifying nearly all income as distributions to avoid payroll taxes entirely — an area where audits and disputes do happen.
The Costs That Come With the Election
An S-Corp election isn't free to maintain. It generally requires running formal payroll for the owner, including payroll tax filings and often a payroll service fee; filing a separate business tax return in addition to the owner's personal return; and, in many states, additional state-level fees or franchise taxes tied to the election. There's also the ongoing responsibility of determining and defending a reasonable salary figure, which usually benefits from an accountant's input rather than a guess.
These costs mean the S-Corp election tends to make financial sense only once business profit is comfortably above a reasonable owner salary — at low profit levels, the extra administrative cost and complexity can easily exceed the self-employment tax saved, making the switch a net loss rather than a net gain.
A Practical Framework for Deciding
Run the actual numbers before electing anything: estimate a reasonable salary for your role and industry, calculate the self-employment tax you'd otherwise pay on your full projected profit, and compare that to the self-employment tax saved on the distribution portion under an S-Corp election, minus the added payroll and filing costs. If the projected savings clearly and consistently exceed the added costs — not just in one unusually good year — the election is likely worth pursuing.
Because payroll tax rates, reasonable-salary standards, and state-level treatment of S-Corps vary and shift over time, this is a decision worth making with an accountant who can run your specific numbers rather than a rule of thumb pulled from a general article, this one included.