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Default LLC and S corp election, posted side by side

S corp election or default LLC, side by side

An LLC is taxed one way unless it asks for another. This guide sets the default treatment against an S corporation election: taxes, payroll, owner salary, paperwork and when the election starts to make sense, written in plain words with neither side presented as the winner.

The election, in order

How an LLC elects to be taxed as an S corp

The election is a tax choice layered on top of the LLC. These are the steps an owner moves through, in the order they usually happen.

  1. 01

    Form the LLC

    The business is set up under state law first. The S corp election changes how it is taxed, not what kind of entity it is.

  2. 02

    Check eligibility

    The owners, the number of them and the ownership structure all have to meet the S corporation rules before the election can be made.

  3. 03

    File the election

    The election goes to the IRS with every owner’s consent, by a deadline tied to the start of the tax year it should first apply to.

  4. 04

    Set up payroll

    Each owner who works in the business goes on payroll, and the salary has to be one that could be defended as reasonable for the work.

  5. 05

    File each year

    The S corporation return replaces the earlier federal return, and the state’s own treatment of the election has to be kept in step.

How this guide is organised

Four accounts the comparison runs through

Every question about the two sides lands in one of these. Each is worked through for a default LLC and for an S corp election in turn.

  1. 01

    Taxes

    How each side is taxed

    Income tax, self-employment tax and payroll tax, and where each one falls on a default LLC and on an S corp election.

  2. 02

    Payroll

    Owner salary

    What a reasonable salary means, how it is set and why it matters to whether the election works as intended.

  3. 03

    Paperwork

    Filings and records

    The returns, payroll filings and records each side asks of an owner through the year.

  4. 04

    Timing

    When the election makes sense

    The questions to settle with an accountant before electing, and what changes if the business outgrows its first choice.

How it is written

What you will and will not find here

On every page

  • Both sides, given equal room

    A difference is written for the default LLC and for the S corp election alike.

  • Figures carry their source

    A tax rule or threshold is attributed to the agency that publishes it.

On no page

  • No verdict for every business

    Whether to elect depends on circumstances an article cannot see.

  • No scores or star ratings

    Where one option suits a situation better, it is said in words, with the reason.

Open questions

Questions each side raises

The questions owners ask when weighing the election, set out on the side of the account they belong to.

Staying a default LLC

  1. Is a single-owner LLC taxed any differently from a sole proprietorship?
  2. Which earnings does self-employment tax reach on a default LLC?
  3. Does staying a default LLC ever become the more expensive choice?

Making the S corp election

  1. What counts as a reasonable salary for an owner on payroll?
  2. What extra filings and costs come with the election?
  3. Can the election be undone if it stops suiting the business?