Taxes

LLC vs S corp: what’s the difference?

An LLC is a legal structure; an S corp is a tax election your LLC can make. Electing S corp status can cut self-employment tax once your profit is high enough. Here’s how it works, with 2026 numbers, the rules and the costs, so you can decide whether it’s worth it for you.

Updated October 18, 2026 · Every fee and date links to its official source · How we research

On this page
  1. The key difference
  2. Side by side
  3. How the savings work
  4. Worked example
  5. Rules & costs
  6. How to elect
  7. FAQ

The key difference

You form an LLC with your state. You elect S corporation status with the IRS. An LLC that elects S corp taxation is still an LLC under state law — same liability protection, same annual report, same registered agent. Only its federal tax treatment changes.

LLC vs S corp side by side

ItemLLC (default tax)LLC taxed as S corp
What it isA legal entity formed with your stateA federal tax election an LLC (or corporation) can make
How you form itFile Articles of Organization with the stateFile IRS Form 2553 (signed by all owners)
Who can own itAnyone, any number of owners, including non-US personsUp to 100 shareholders; no nonresident alien shareholders; one class of stock
How profit is taxedPasses through; all net earnings subject to 15.3% self-employment taxPasses through; payroll tax only on owner salary, distributions free of SE tax
Owner payOwner draws — no payrollReasonable salary through payroll + distributions
Federal returnSchedule C (1 owner) or Form 1065 (2+)Form 1120-S + K-1s, due March 15
Extra adminMinimalPayroll, quarterly payroll filings, W-2, separate return

How the S corp savings work

With default LLC taxation, all your net self-employment earnings (92.35% of profit) are subject to 15.3% self-employment tax — 12.4% Social Security up to the wage base ($184,500 in 2026; $192,300 in 2027) and 2.9% Medicare.

As an S corp, you pay yourself a reasonable salary through payroll. Payroll tax (7.65% from you + 7.65% from the company) applies only to that salary. Profit above the salary can be paid as distributions with no payroll or self-employment tax. The IRS requires reasonable compensation before distributions and can reclassify distributions as wages.

Worked example (2026)

Net profitSalary (50%)SE tax as LLCPayroll tax as S corpPayroll serviceNet difference
$60,000$30,000$8,478$4,590$660$3,228
$100,000$50,000$14,130$7,650$660$5,820
$150,000$75,000$21,194$11,475$660$9,059

Self-employment and payroll tax only, single owner, 2026 wage base. Salary set at 50% of profit for illustration — a reasonable salary depends on your role and market pay. Excludes income tax effects, the 0.9% additional Medicare tax, accountant fees for Form 1120-S and state taxes. Payroll service = Gusto Solo for one person.

Try the S corp calculator

Rules and extra costs

  • Eligibility: no more than 100 shareholders, one class of stock, no nonresident alien shareholders.
  • Payroll: you must run payroll for yourself, withhold taxes and file payroll returns and W-2s.
  • Separate return: Form 1120-S is due March 15 for calendar-year companies; filing late costs $255 per shareholder per month, up to 12 months.
  • State costs: some states tax S corps or require their own election — check before you elect.

How to elect S corp status for your LLC

  1. Confirm eligibility and that the numbers work (calculator, then a CPA).
  2. File Form 2553, signed by all owners, within 2 months and 15 days of the start of the tax year (March 15 for calendar years).
  3. Set up payroll and decide a reasonable salary.
  4. File Form 1120-S each year and give owners Schedules K-1.
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General information from IRS publications, not tax advice. Your situation may differ — confirm with a CPA or enrolled agent before you act. Verified October 18, 2026. We may earn a commission if you sign up through our links, at no cost to you. How we’re funded.

Frequently asked questions

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

An LLC is a type of business entity you form with your state. An S corporation is a federal tax status. An LLC can keep its default tax treatment or elect to be taxed as an S corp by filing Form 2553 — it stays an LLC legally.

Is an S corp better than an LLC for taxes?

It can be, once profit is high enough. As an S corp you pay payroll tax only on a reasonable salary, not on all profit. But you add payroll costs, a separate Form 1120-S and stricter rules. Below a certain profit the savings don’t cover the extra cost.

How much can an LLC save by electing S corp?

In our example with $100,000 profit and a $50,000 salary in 2026, self-employment/payroll tax drops by about $6,480, or $5,820 after $660 of payroll-service cost — before income-tax and state effects. Run your own numbers.

Can a non-US resident own an S corp?

No. S corporations can’t have nonresident alien shareholders, so foreign owners of a US LLC keep the default treatment (or elect C corp).

When is the deadline to elect S corp status?

File Form 2553 no more than 2 months and 15 days after the beginning of the tax year the election should take effect — March 15 for a calendar year — or any time during the prior year. Late relief is available under Rev. Proc. 2013-30 within 3 years and 75 days.

Do I still file state LLC reports as an S corp?

Yes. The S election only changes federal tax treatment. Your LLC still files its state annual report and keeps a registered agent. Check your state deadlines.

Your LLC setup checklist

  1. Get a free EINFrom the IRS, in minutes online.
  2. Open a business bank accountKeep LLC money apart from yours to protect the liability shield.
  3. Sign an operating agreementSettle who owns and decides what before it matters.
  4. Get business insuranceCover what the LLC itself doesn’t protect.
  5. Track state deadlinesFree reminders before each filing.

Everything in one list: printable LLC compliance checklist · live deadline calendar.

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Free to cite and republish under CC BY 4.0 with a link.

LLC Standing, “LLC vs S corp: what’s the difference?” (updated October 18, 2026), https://llcstanding.com/taxes/llc-vs-s-corp/