If you often dream about becoming the mastermind behind a successful business dynasty, hold tight because we’re about to reveal the ultimate secret ingredient to your company’s success: choosing the proper business structure. S Corp vs LLC is a business query often battled by aspiring entrepreneurs like you. In some cases, a business venture can even be both of these business kinds. 

If you’re planning to open your own business or are developing a business plan, choosing the correct business structure is essential to the success and growth of your business. Having a competent business structure is not a mere formality but a critical ingredient instrumental to the future of your business. 

Whether an LLC or an S Corp, each business entity has a management structure, taxation laws, operational impacts, and personal asset protection. You can use our guide to sort out the similarities and differences between an LLC and an S Corp to make the best possible decision for your business.

S Corp vs LLC

Let’s move ahead with the centerpiece of our blog. To decide which of the two entities to choose, you must figure out what an LLC is. What is an S Corp? Do they offer any benefits? How are they different? Out of both, which business entity is right for you? Without much ado, let’s begin, 

• An S Corp or S Corporation, also known as a “Subchapter Corporation” and sometimes a “Small Business Corporation,” is precisely what it sounds like. It is a type of business structure more appropriate for small and medium-sized enterprises that want to avoid the double taxation that usually occurs with traditional corporations. The S Corp’s business income, profits, and losses pass through to the shareholders’ private tax returns. The business itself pays no federal income taxes. 

• An LLC or Limited Liability Company is a US-specific business type allowed by state law. It can only be founded here in America and is a private limited company. Also known as a hybrid entity, it features both organizations and partnerships. It is a reliable and safe choice for business owners looking for more security and protection from debts and other liabilities. It offers the flexibility of a partnership with the asset security of a corporation.

Benefits and Drawbacks: S Corp vs LLC

Needless to say, both S Corp and LLC have both pros and cons. Let’s discuss some of them, so you can decide better which entity to go for. 

Benefits of an S Corp

• Pass-Through Taxation: S Corps are taxed as pass-through entities. They offer the advantage of avoiding double taxation by passing through to the shareholders’ private tax returns, reducing overall tax liability. 
• Self-Employment Tax Savings: S Corp business owners can avoid self-employment taxes by splitting income into wages and distributions, reducing the tax burden for shareholders.
• Easy Transfer of Ownership: In an S Corp, transferring or selling ownership is relatively easier and straightforward, allowing simplified ownership changes and transfers when needed.

Drawbacks of S Corp:

• Eligibility Limitations: S Corps have strict eligibility criteria, which can reduce growth opportunities. They can’t have more than 100 shareholders, who must meet certain requirements. 
• Increased Formalities: S Corps must follow specific legal and operational formalities, like holding regular meetings and maintaining detailed records, which can be time-consuming.
• Limited Stock Class: S Corps can only have one class of stocks, unlike other business entities, which limits the ability to offer certain ownership rights and preferences to investors.

Benefits of an LLC:

• Limited Liability: An LLC owner with limited liability protection won’t be held accountable if their business suffers a loss, which keeps their personal belongings, like their car, secure and safe from being captured.
• Flexibility: LLC offers flexibility regarding management, ownership, and tax status. They can be taxed as a pass-through entity or a corporation and owned and managed by one or more people.
• Tax advantages: Regarding taxation, LLCs benefit from the best of both worlds. LLCs can adopt the tax status of sole proprietorships, partnerships, S corp, or C corp but do not have their federal tax classification.

Drawbacks of an LLC:

• Limited Life Span: The existence of a Limited Liability Company is often tied to the presence of its members or owner. If they leave or pass away, the LLC may dissolve unless specific provisions are mentioned in the operating agreement.
• Self-Employment Taxes: LLC owners are subjected to pay self-employment taxes, which are relatively higher than taxes paid by S Corp owners.
• Difficulty Raising Capital: Unlike corporations, LLCs are harder to raise capital for since they can’t issue stock. As a result, investors prefer corporations over them.

Differences: S Corp vs LLC

Before you conclude, here are some critical differences between them both:

• Formation: An LLC (Limited Liability Company) is set up by filing the Articles of Incorporation with the state. While an S Corp begins as a standard corporation. After formation, it can be elected to be treated as an S Corp by meeting specific IRS needs and requirements. 

• Ownership: S Corps limits which can be a shareholder and restrictions on the total number of shareholders, while an LLC has no such limitations. Additionally, an LLC can have multiple classes of ownership interest, while S Corps can have only one class of stock. 

• Taxation: This is the most significant difference between an S Corp and an LLC. S Corps are taxed as pass-through business entities. Their income and deductions are passed to the shareholders’ private tax returns. At the same time, an LLC can be taxed as either a pass-through business entity or a Corporation. 

• Management: A limited liability company has a flexible management structure since it can be managed by either the owners(member-managed) or by a manager(manager-managed). While an S Corp is needed to have a board of directors and designated offices. 

• Formalities: S Corps have more formalities than an LLC. It must follow specific legal and operational requirements, like holding regular meetings, maintaining detailed records, and filing annual reports, which can be time-consuming. 

Which business structure is the perfect choice for you? S Corp vs LLC

Here are some steps that can be taken when choosing between an LLC or an S Corp,

• Consider business needs: Evaluate the kind of business you want to run, the number of shareholders and owners you’ll have, the industry you’ll operate in, and the long-term goals for your business growth.

• Understand taxation: Compare the tax advantages and disadvantages of each business structure, like self-employment taxes for LLCs, pass-through taxation for LLCs and S Corp, and tax saving for S Corp. The specifics and details of your business will dictate which business entity suits your requirements the best.

• Compare management: Again, the kind of business you have will dictate the level of management and control you’ll need. It would help if you decided whether you wish to be actively involved in running and managing the business or would prefer to recruit a designated manager.

• Understand compliance: Not just LLC and S Corp, each business structure has different compliance requirements that must be met, including set rules about holding regular meetings, filing paperwork, and maintaining records. Evaluate how much time and resources will go into complying with all these regulations.

• Consider liability protection: Even though both S Corps and LLCs provide limited liability protection for their owners and members, an LLC tends to offer more flexibility regarding personal asset protection, mainly when multiple owners exist.

• Consult a professional: When doing business, it’s always a great idea to contact an expert before making any major decision. Consult a reputed attorney or accountant who can help you understand each business structure’s legal and tax implications and make an informed decision based on your business needs.

Final Word: S Corp vs LLC

Both LLCs and S Corps have their pros and cons when it comes to running a business. An LLC is more appropriate for people planning to launch their company, while an S Corp is excellent for businesses that have grown more intricate over the years. Choosing between an S Corp business structure and an LLC depends on your needs and requirements. 

Whatever structure you choose, keeping up with the ever-evolving legal and taxation trends is important. When running an empire, taking appropriate steps at the right time and making informed decisions go a long way. 

FAQs: S Corp vs LLC

1. Why Choose An S Corp Over An LLC?

ANS. If you create an LLC without electing S Corp taxation, you could owe more taxes. By default, the IRS taxes an LLC as a sole proprietorship, resulting in self-employment taxes being applied to all your company’s profits. 

If you elect an S Corp status for your LLC, then its income which is subjected to self-employment taxes, would be reduced.

1. Should I Choose an S Corp?

ANS. You should choose an S Corp business structure if your company enlists many members/shareholders. A board of directors has enough power to restrict any actions or undertakings that could harm your business and offer mandated monitoring for corporate decisions. 

1. What kind of tax flexibility is offered by an LLC?

ANS. LLCs can be taxed as partnerships, C corporations, S corporations, sole proprietorships, or other entities. This option enables LLC members to reduce their tax burden.

1. Are S Corp Owners Entitled To A Salary?

ANS. Yes, employee-owners must typically accept pay proportional to the work they perform for the company.

1. How Do I Verify If My LLC Is An S Corp?

ANS. No LLC is automatically assumed as an S Corp for taxation purposes. By default, the IRS taxes your LLC as a sole proprietorship. You must complete form 2553 with the IRS to identify your LLC as an S Corp.