Guide · S corps & entities6 min read

LLC vs. S Corp: Which Structure Is Right for Your Business?

By Akansha Acharya, CPAUpdated September 28, 2026 · Written for New and growing business owners

The short answer

An LLC is a legal structure. An S corp is a tax election an LLC can make. A default single-member LLC pays self-employment tax on all profit. An LLC taxed as an S corp pays payroll tax only on a reasonable salary. At $120,000 of profit and a $60,000 salary, a single filer saves about $5,160 in 2026 federal tax before the $1,500–$3,000 annual cost of running the S corp.

Two different questions

The LLC question is legal: do you want a separate entity that protects your personal assets from business liabilities? For most owners, yes.

The S corp question is about tax: once the LLC exists, do you want it taxed as an S corporation instead of by default? That depends on profit, stability and your willingness to run payroll.

Side by side

Default single-member LLCLLC taxed as S corp
Federal returnSchedule C on your 1040Form 1120-S plus a K-1
Self-employment / payroll tax15.3% on 92.35% of all profit (to $184,500)15.3% on your salary only
Owner payDraws, any timeSalary through payroll, then distributions
QBI deductionOn profit less half of SE taxOn distributions only; your salary helps the wage limit
Extra annual costMinimalAbout $1,500–$3,000
Best forUnder about $60k profit, or variable incomeConsistent profit above about $60k–$80k

Worked example: $120,000 of profit

A single owner with $120,000 of net profit pays about $16,955 in self-employment tax as a default LLC. With an S corp election and a $60,000 salary, payroll tax on that salary is about $9,180. After income tax and the QBI deduction on both sides, total federal tax falls by about $5,160. Take out roughly $2,000 in added costs and the net benefit is around $3,000 a year.

State rules to check first

  • California: 1.5% S corp franchise tax, $800 minimum
  • New York City: doesn't recognize the S election for city corporate tax
  • Tennessee and some other states tax entity income directly
  • Pass-through entity tax (PTET) elections may make an S corp more attractive in high-tax states

Frequently asked questions

Is an S corp a type of LLC?

No. An LLC is a legal entity formed under state law. An S corp is a federal tax election that an LLC or corporation can make with Form 2553.

Can I switch back from an S corp?

Yes, by revoking the election, but you generally can't re-elect for five years. Plan the decision rather than testing it.

General information based on federal law for tax year 2026, not tax advice for your situation. State rules vary.

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