Generally, taxes are considered the biggest and most important difference between these two types of corporations. C-corps are subject to the corporate tax rate, whereas S-corps allow for pass-through taxation—meaning business profits and losses are reported on the owners’ personal income tax returns.

One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners’ personal assets are shielded from the claims of business creditors—whether the claims arise from contracts or litigation.

Is an S Corp or LLC better? That is a bit of a misguided question. An LLC is a legal entity only and must choose to pay tax either as an S Corp, C Corp, Partnership, or Sole Proprietorship. Therefore, for tax purposes, an LLC can be an S Corp, so there is really no difference.

Key takeaway: Having your LLC taxed as an S corporation can save you money on self-employment taxes. However, you will have to file an individual S-corp tax return, which means paying your CPA to file an additional form. An S-corp is also less structurally flexible than an LLC.

S Corps have more advantageous self-employment taxes than LLC’s. S Corp owners can be considered employees and paid “a reasonable salary.” FICA taxes are taken out and paid on the amount of the salary.

An S corporation can have only one class of stock, although it can have both voting and non-voting shares. Therefore, there can’t be different classes of investors who are entitled to different dividends or distribution rights. Also, the number of shareholders is limited – there cannot be more than 100 shareholders.

The IRS requires S Corp shareholder-employees to pay themselves a reasonable employee salary, which means at least what other businesses pay for similar services. And if the IRS finds out that you tried to evade payroll taxes by disguising employee salary as corporate distributions, bad things can happen.

Technically, you are self-employed if your income comes from business you engage in as an individual or sole proprietor vs LLC, or as a general partner in a business. If you own and operate a corporation, however, you are not technically self-employed, but an owner-employee of the corporation.

Unemployment insurance benefits have been a safety net for many individuals facing the loss of their job. 100% owner-shareholders of an S-Corporation who do not take a salary, LLC members who report self-employment income, and sole proprietors are among those ineligible to collect unemployment.

If you own a corporation or an “S” corporation and pay your self a W-2 wage, then you are eligible to collect unemployment. There are also requirements for weeks worked so you can’t just pay yourself one paycheck and then attempt to collect unemployment.

An S corporation, C corporation and a limited liability company (LLC) can all buy real estate, and these business entities shield your personal assets from business losses or lawsuits.

A corporation cannot pay an employee’s mortgage as a fringe benefit because it is not a typical business deduction the employee would incur on his own, according to the IRS. This means the company would report payments on the employee’s W-2 form and withhold state and federal taxes.

An S corporation is a special form of corporation, named after the relevant section of the Internal Revenue Code. It is taxed on a pass-through basis, meaning it doesn’t pay taxes in its own right. In principle, an S corporation can have no employees.

Individuals may operate a business as a sole proprietor or they may take steps to form an incorporated business entity, such as an S corporation. While single-member S corporations are legal, a sole proprietor cannot file as an S corporation unless he takes the proper steps to create the corporate entity.

Call the IRS Business Assistance Line at The IRS can review your business file to see if your company is a C corporation, S corporation, partnership, single-member LLC, or sole proprietor based on any elections you may have made and the type of income tax returns you file.

As of 2020, small business tax rates for C corporations is 21% but S corporations and sole proprietors are not taxed at the corporate level and are subject to personal income tax levels.

S corporation shareholders must be individuals, specific trusts and estates, or certain tax-exempt organizations (501(c)(3)). Partnerships, corporations, and nonresident aliens do not qualify as shareholders.

Example of S Corporation Taxation Jacks, Inc. is formed as an S corporation in the state of Florida. Robert owns 51% of the corporation, and Brenda owns 49%. When filing their personal tax returns, Robert will report $10.2 million in income, and Brenda will report $9.8 million.

In order to become an S corporation, the corporation must submit Form 2553 Election by a Small Business Corporation signed by all the shareholders. See the Instructions for Form 2553 PDF for all required information and to determine where to file the form.

What is an S Corporation?

• Be domiciled in the United States;
• Have only allowable shareholders, which may include individuals, certain trusts, and estates, and cannot include partnerships, corporations or non-resident alien shareholders;
• Have 100 or fewer shareholders;
• Have just one class of stock;

An S Corp’s remaining profits are paid out in distributions to the company’s shareholders, who then report those distributions on their personal income tax returns. Unlike wages and salaries, distributions are not subject to FICA and FUTA taxes.

For a New Business A corporation or LLC must file an S-Corp election within two months and 15 days (~75 days total) of the date of formation for the election to take effect in the first tax year.

Qualifications to Elect S Corporation Status It must be a domestic (U.S.) corporation, with no foreign investors; It must have no more than 100 shareholders; It has only one class of stock; It must use a December 31 year-end.

It is important to note that one must convert to an S Corp by March 15 in order to be applicable for the following year, or within 75 days of opening the LLC to be applicable for the year of opening. If you miss this deadline, you may apply for late election relief if you have a valid reason for missing the deadline.

IRS S Corp Stats

For tax purposes, by default, an LLC with one member is disregarded as an entity. And, once it has elected to be taxed as a corporation, an LLC can file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.

Assuming you actively participate in the operation of your S corporation and you’re not merely a passive investor, if your S corporation suffers a loss in any tax year you can deduct your share of the loss against your other sources of income, such as dividends, interest, your spouse’s wages, etc.

In Summary S-corporations are pass-through entities. That is, the corporation itself is not subject to federal income tax. Instead, the shareholders are taxed upon their allocated share of the income. Form 1120S is the form used for an S-corp’s annual tax return.

Many LLC’s choose the S corporation for its tax status because: It avoids the double taxation situation of corporations. S corporation owners can take the QBI deduction on business income (not employment income) Owners pay Social Security/Medicare tax only on employment income.

Just like regular corporations, S corps can distribute profits to their shareholders, keep them as retained earnings or do a little of both. An S corp doesn’t pay taxes. The shareholders pay all the taxes on the company’s profit, no matter what the company does with that profit.