LLC vs S’ Corp – Which is Better for Tax Filing (Similarities & Difference)

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Last Updated on 9 seconds by Komolafe Bamidele

Both LLC vs S’ Corp are frequently used interchangeably, limited liability companies (LLCs) and S corporations (S-corps) are not mutually exclusive. 

One legitimate business entity is the limited liability corporation (LLC). A tax categorization is an S-corp.

Launching an S corporation or an LLC is only the beginning of the beautiful journey of starting a business. 

There are many things to learn along the way. If you’re trying to decide between an LLC and a S corp for your company, this article can help. 

What Is an LLC?

What Is an LLC?

An LLC, or limited liability company, is a formal business that keeps the owner’s assets safe from the business’s bills. 

As an LLC is a separate legal body, a financial gap exists between the owner and the company. 

Everyone who owns an LLC is a member. One or many people can join an LLC. You can think of an LLC as a mix of a company and a partnership.

 Due to their ease of use and adaptability, LLCs are a popular way for small and medium-sized businesses and individuals to set up their businesses. 

Compared to corporations, they provide more flexible management and profit-sharing choices but offer liability protection that neither general partnerships nor sole proprietorships can match. 

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What Is an S-corp?

The assets of small business owners can be shielded from double taxation by forming a S corporation.

 With pass-through taxes, a S corp’s owners can deduct a portion of the business’s earnings from their tax returns. 

This prevents the profits of a C corporation (or C corp) from being taxed twice: once by the corporation and again by the owner.

A subchapter corporation is what the “S” in “S corp” refers to. It would help if you first constructed a C corp that satisfies the criteria for being classed as an S corp to incorporate a business. 

To meet the requirements, you must choose S corp status within two months and fifteen days of formally forming your firm. 

This will allow the status to take effect for the current tax year. Additionally, there is a cap of one hundred people (not companies or partnerships) who can possess shares, and those shares can only be owned by citizens of the United States.  

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Similarities Between LLCs and S corps

LLC vs S' Corp - Which is Better for Tax Filing (Similarities & Difference)

Limited Liability Protection

The owners of S companies and LLCs do not personally owe the debts and liabilities of the business. 

Instead, as the business’s owner, the LLC or S corp pays off its obligations and liabilities.

Different entities

One must file the necessary paperwork with the state to form an LLC or a corporation. 

Upon formation, a corporation may submit IRS Form 2553, “Election as a Small Business Corporation,” with the IRS to be taxed as an S corp.

 Nonetheless, state business entity statutes regulating corporations and LLCs vary significantly in their formation and management.

Pass-through taxation

Both LLCs and S corporations are pass-through tax structures. 

However, if the owners so want, an LLC may elect not to be taxed as a pass-through entity. 

Businesses that use pass-through taxation do not have to pay any income taxes. Owners’ tax returns receive a pass-through of business earnings or loss.

 Individuals are responsible for reporting and paying any applicable taxes.

State compliance requirements

The state corporation and LLC statutes impose specific requirements on LLCs and S corporations. 

These requirements include the need to designate and maintain a registered agent, file yearly reports and pay annual fees, notify the state of specific changes (such as a change in name, registered agent, or entity type), and be eligible to conduct business in states other than the formation state.

LLC vs S’ Corp – The Differences between an S’ Corp and an LLC

Owner employment

An S corporation can hire its owners and provide them with a salary.

An LLC treated as a corporation also has the option to compensate owners with a salary.

 If your LLC generates a profit once the owners receive a fair wage, you could reduce your tax expenses by opting for S corporation taxation.

Structure of ownership

An LLC functions by default similarly to a partnership or sole proprietorship. However, most LLCs are governed by the provisions outlined in their operating agreement. 

An operating agreement is a document that needs to be filed with the Secretary of State.

 It provides them with essential information about your business and serves as a platform for establishing the guidelines that will govern your company’s operations. 

An LLC can have owners (members) from around the world, including other corporate entities.

 A US business owned by US citizens and with no more than 100 owners is required for an S corporation. In addition to individuals, ownership in S corporations is restricted to trusts and estates.

Self-employment taxes

Self-employment taxes for S corporations may be more favourable than those for LLCs due to the option for owners to be treated as employees and receive a reasonable salary. 

Taxes are deducted and paid on that amount, just like a financial analyst would handle. 

After receiving their salary, corporate earnings could be considered unearned income, which would not be subject to self-employment taxes.

Distribution of gains and losses

Shareholders of S corporations receive their profits and losses in proportion to their ownership percentage.

 For example, if someone owns 50% of the company, they will receive 50% of the profits and losses.

LLCs can distribute profits and losses in a manner that suits their preferences. 

For instance, a member holding a 50% ownership interest could receive 90% of the profits and losses. 

Which structure is more suitable for you?

Forming an LLC is often the most convenient and affordable formation method for individuals running their businesses or operating as sole proprietors.

 If you want to have the utmost personal asset protection, attract significant investment, or aspire to go public and sell common stock, consider forming a C corporation and later making the S corporation tax election.  

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In summary, selecting an appropriate business structure for an organisation is a pivotal determination that can notably affect the prosperity of the business. 

LLCs and S corporations present distinct tax benefits and possible disadvantages, depending upon your business’s specific requirements and goals. 

By understanding the defining characteristics of each structure and the considerations that should guide your choice, you can establish a more informed course of action that will positively impact your business.

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