Small Business Decisions: Should My Limited Liability Company Be an S-Corporation?

By James H. 10/10/2022

One common question small business owners ask is whether they should form their business as an LLC or an S-corporation. The answer to this question depends on a number of factors, including the business’s size and income.

An LLC is a pass-through entity, meaning that the income and losses of the business are passed through to the owners and are reported on their individual tax returns. This can be advantageous for business owners who are in a high tax bracket, as they may be able to reduce their taxable income by taking losses from the business. An S-corporation, on the other hand, is a separate entity from its owners and is taxed at the corporate tax rate. This can be advantageous for businesses that have a lot of income, as they may be able to save money on their taxes by taking advantage of the corporate tax rate.

Another factor to consider is whether the business will have employees. An LLC can have employees, but an S-corporation cannot. This is because an S-corporation is a “pass-through” entity, meaning that the income and losses of the business are passed through to the owners and are reported on their individual tax returns. This can be advantageous for business owners who are in a high tax bracket, as they may be able to reduce their taxable income by taking losses from the business. An LLC, on the other hand, is a separate entity from its owners and is taxed at the corporate tax rate. This can be advantageous for businesses that have a lot of income, as they may be able to save money on their taxes by taking advantage of the corporate tax rate.

Another factor to consider is the amount of paperwork and administration required. An S-corporation is more complicated to set up than an LLC and requires more paperwork. An S-corporation also has to follow more complex rules than an LLC, such as restrictions on who can own shares and how many shareholders it can have.

In sum, the decision of whether to form an LLC or an S-corporation depends on the business’s size, income, and whether it will have employees. An LLC is a good option for businesses that are just starting out and have a low income, while an S-corporation is a good option for businesses that are established and have a high income. 



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