Perhaps, the two most popular for legal entities for small businesses today are the Limited Liability Company (LLC) and the S Corporation. They offer liability protection and an increased image of professionalism over a sole proprietorship without the double taxation and extra burdens of a C Corporation.
The LLC offers liability protection, as well as simplicity, along with professionalism. The S Corporation is simpler than a C Corporation!
The LLC is generally less costly to maintain and doesn't necessarily require monthly payroll, tax preparation and other professional fees that are often lower than for a S Corporation.
However, the S Corporation really shines in one key respect...........it can save substantially on self-employment taxes compared to an LLC. How does this happen?
Example: Acme Dog Biscuit Company's owner, Stan, takes $100,000 out of his business. He takes a $40,000 salary and the remaining $60,000 as the profit from the business. In a proprietorship or an LLC the whole $100,000 would be subject to 15.3% self-employment tax. In the S Corp, Stan would pay Social Security as wages and the S Corporation would pay the other half. However, as long as Stan is paid a reasonable salary ($40,000 in this case), the remaining $60,000 would "pass-through" to Stan as being taxed as ordinary income only, not subject to self-employment tax. Effectively, the savings in self-employment taxes would be over $9000 for an S Corp. This needs to be balanced against possibly higher accounting, legal and tax prep fees for the S Corp over a LLC.
It needs to be emphasized that Stan must be paid a reasonable salary since this can be a commonly audited area by the IRS if the S Corporation pays less than a reasonable amount.
However, it is possible to re-characterize an LLC as a tax entity, taxed as an S Corporation, with some planning and petitioning the IRS to change entities and filing a Form 2553 to elect S Corporation status. It can all come to timing, which the LLC offers! It offers the flexibility to remain taxed as a sole proprietorship or partnership as long as the member's income is relatively low.
There are some capital-raising and other considerations to be considered, as well. The S Corp can work well for a company that may expect to benefit from decreased self-employment taxes in the first years of its operation!
One final caveat is that, if a business does distribute most of its income, as salaries to the owner and has little net income from the business itself, the benefits of reduced self-employment taxes is minimal. Therefore, all other issues remaining equal, the LLC can be a more attractive entity choice.
For small businesses that have a significant portion of their income as net income from the business and less from salaries paid to the owner, the S Corporation can offer significant savings in self-employment taxes.