S-Corp vs LLC: At a Glance
| Feature | LLC (default) | LLC taxed as S-Corp |
|---|---|---|
| Legal structure | LLC (state-level) | LLC (state-level) |
| Tax treatment | Sole proprietor / partnership | S-Corp pass-through |
| Self-employment tax | 15.3% on all net profit | Only on salary portion |
| Payroll required | No | Yes — reasonable salary required |
| Compliance cost | Low | Moderate (payroll + 1120-S) |
| Shareholder limits | No limit | Max 100 (US citizens/residents) |
| Annual tax return | Schedule C (sole prop) | Form 1120-S + Schedule K-1 |
| Best for | Income under ~$40k/year | Income consistently above $40k–$50k/year |
The Critical Distinction: LLC Is Legal, S-Corp Is Tax
Most people compare S-Corp and LLC as if they're the same type of thing — they're not. An LLC is a state-level legal structure. An S-Corp is a federal tax election. They operate in completely different dimensions.
This means the comparison isn't really "LLC or S-Corp" — it's almost always "LLC with default tax treatment OR LLC with S-Corp tax election." The LLC stays your legal entity either way. What changes is how the IRS taxes your income.
- LLC (default): Taxed as a sole proprietor or partnership. All net profit is subject to 15.3% self-employment tax.
- LLC taxed as S-Corp: You split income into salary + distributions. Only salary is subject to payroll taxes. Distributions are not — which is where the savings come from.
How the Tax Savings Actually Work
The self-employment tax savings of S-Corp treatment are the core reason most creators and freelancers make the switch. Here's a concrete example:
- Standard LLC owner with $120,000 net profit: Pays 15.3% SE tax on all $120,000 = ~$18,360 in SE taxes.
- LLC taxed as S-Corp, $70,000 salary + $50,000 distribution: Pays payroll taxes only on $70,000 = ~$10,710. SE tax on distributions = $0.
- Annual savings: ~$7,650
The higher your income above your reasonable salary, the greater the savings. At $200,000 in net profit with a $90,000 salary, the savings can exceed $15,000 per year.
Against this, you need to factor in the cost of payroll processing and the additional tax return (Form 1120-S). With a tool like Otto, those costs are manageable — and the math typically works in your favor once net income exceeds $40,000–$50,000.
LLC Default: When It Makes Sense
A standard LLC with default tax treatment is the right choice when:
- Your net business income is below $40,000–$50,000 per year
- You're in the early stages of your business and want to keep things simple
- The cost of payroll and additional compliance would eat into your tax savings
- You prefer minimal administrative overhead
The default LLC is simple, low-cost, and still gives you the legal protection of the LLC structure. It's the right starting point for most new business owners.
S-Corp Election: When It Makes Sense
Electing S-Corp tax treatment for your LLC is the right move when:
- Your net business income consistently exceeds $40,000–$50,000 per year
- You're a US citizen or permanent resident (required for S-Corp)
- You're willing to run payroll and meet the reasonable salary requirement
- You want to reduce your self-employment tax burden significantly
The S-Corp election is made by filing IRS Form 2553. For calendar-year taxpayers, the deadline is March 15 of the tax year you want it to apply. Otto guides you through our comprehensive S-Corporation services to make the transition seamless.
How Otto Helps You Choose and Set Up the Right Structure
Whether you're starting with a standard LLC or ready to elect S-Corp status, Otto has you covered:
- LLC formation: We handle state filings, EIN registration, and operating agreement setup.
- S-Corp election analysis: We help you model the numbers to see if S-Corp status makes sense at your income level.
- Form 2553 filing: We guide you through the S-Corp election so it's done correctly and on time.
- Payroll: Otto processes your payroll once you're elected, ensuring compliance with reasonable salary requirements.
- Bookkeeping: Automated records for both salary and distributions, always tax-ready.
S-Corp election, payroll, bookkeeping, and taxes — all in one platform built for creators and small businesses.
Frequently Asked Questions
What is the difference between an S-Corp and an LLC?
An LLC is a state-level legal structure providing liability protection. An S-Corp is a federal tax classification — not a legal entity. You can have an LLC that elects to be taxed as an S-Corp, combining the legal simplicity of an LLC with S-Corp tax benefits.
Is it better to be an LLC or S-Corp?
For most small business owners and creators, the best setup is an LLC taxed as an S-Corp. You get the legal flexibility and simplicity of an LLC plus the self-employment tax savings of S-Corp treatment. Whether S-Corp taxation makes sense depends on your income level — typically once you exceed $40,000–$50,000 in net profit.
How much does an S-Corp save compared to an LLC?
It depends on your income. The savings come from not paying self-employment tax on the distribution portion of your income. For someone making $120,000 with a $70,000 salary, the savings are roughly $7,000–$8,000 per year. At higher income levels, savings can exceed $15,000 annually.
Does an LLC automatically become an S-Corp?
No. You must file IRS Form 2553 to elect S-Corp tax treatment. The election is separate from forming your LLC. Otto guides you through both steps — LLC formation and the S-Corp election.
Can I switch from LLC to S-Corp later?
Yes. You can elect S-Corp tax treatment at any time by filing Form 2553. Most business owners start as a standard LLC and elect S-Corp status when their income grows to the point where the tax savings justify the added compliance. Otto helps you make that transition smoothly.