Should I Make My LLC an S Corp? Exploring the Pros and Cons

Should I make my LLC an S corp?
Although being taxed like an S corporation is probably chosen the least often by small business owners, it is an option. For some LLCs and their owners, this can actually provide a tax savings, particularly if the LLC operates an active trade or business and the payroll taxes on the owner or owners is high.
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You may have heard about the option of turning your limited liability company (LLC) into a S corporation (S corp). This decision may have advantages, but it may also have disadvantages. This essay will examine the benefits and drawbacks of converting your LLC to a S corp and address some connected issues.

How Come a S Corp Would Own an LLC?

Let’s first define a S corp and discuss why it would own an LLC before delving into the advantages and disadvantages of converting your LLC to a S corp. A corporation that has chosen to be taxed under Subchapter S of the Internal Revenue Code is known as a S corp. This indicates that the business does not personally pay federal income taxes. Instead, the S corp’s gains and losses are passed along to the shareholders’ individual tax returns.

What makes a S company own an LLC, exactly? Protection from liability can be one of them. The assets of the S corp would be shielded from any liabilities that might result from the LLC’s operations by creating an LLC as a subsidiary of the S corp. Additionally, a S corp can hold real estate or other assets using an LLC.

Benefits of Converting Your LLC to a S Corp

Making your LLC a S corp has several advantages, one of which is the potential reduction in your overall tax liability. An S corp does not pay federal income taxes, as was already mentioned. Instead, the shareholders’ personal tax returns receive a pass-through of the gains and losses. By doing this, you may be able to prevent double taxation, which happens when an organization pays taxes on its income and then shareholders also pay taxes on dividends.

Making your LLC a S corp may also enable you to avoid paying self-employment taxes. You must pay self-employment taxes on your share of the profits whether you are a solo owner or an LLC member. The gains that pass through to your personal tax return, however, may not be subject to self-employment taxes if you are a shareholder of a S corp.

Cons of Creating a S Corp for Your LLC

Making your LLC a S corp has potential advantages, but there are also negatives to take into account. S corps are subject to more restrictions and procedures than LLCs, which is one of their main disadvantages. S corporations, for instance, are required to keep thorough records of their financial activities and have regular shareholder meetings.

The fact that there are limitations on who can own shares in a S corp is another possible disadvantage of converting your LLC to a S corp. For instance, S corporations are limited to 100 shareholders and are only permitted to have US citizens and legal permanent residents as stockholders.

What Costs Can a S Corp Write Off?

Many of the expenses that you may deduct as an LLC will still be allowable to be written off if you choose to convert your LLC to a S corp. For instance, you can write off costs for rent, utilities, and supplies. Health insurance payments paid on behalf of shareholders who control more than 2% of the company can also be written off as a S corp.

For beginners: What Is a S Corporation?

The idea of a S corporation could be perplexing if you are unfamiliar with the world of business structures. An S corporation is a particular kind of corporation that has chosen to be taxed in accordance with Internal Revenue Code Subchapter S. This indicates that the business does not personally pay federal income taxes. Instead, the S corp’s gains and losses are passed along to the shareholders’ individual tax returns.

In conclusion, it depends on your individual circumstances whether you should convert your LLC to a S corp. There are disadvantages to be aware of in addition to certain potential benefits. A qualified tax professional should be consulted before making any choices in order to decide the best course of action for your company.

FAQ
Who pays less taxes LLC or S corp?

Because a S corp is a pass-through company, which means its income is not taxed at the corporate level, it often pays less in taxes than an LLC. Instead, the shareholders receive a pass-through of the gains and losses, which they then record on their individual tax returns. Because the shareholders can benefit from credits and deductions that are not accessible to companies, there is a chance for tax savings. It’s crucial to remember that the tax consequences of choosing between a S corp and an LLC can differ based on the particulars of the company and its owners.