S Corporation (Subchapter S)

Corporate liability protection with pass-through taxation — profits flow to owners' personal returns without corporate-level tax first.

Advantages
  • Strong personal liability protection
  • No double taxation — income taxed once on personal returns
  • Credibility with banks and institutional lenders
  • Owner-employees can split salary + distributions strategically
Disadvantages
  • More complex and costly to form than an LLC
  • Limited to 100 shareholders — U.S. citizens/residents only
  • Must run payroll for owner-employees — more rigorous accounting
  • Cannot have corporate shareholders or foreign investors
Tax Filing
  • Files Form 1120-S annually
  • Issues Schedule K-1 to each shareholder
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IRS requires a "reasonable salary" for owner-employees — actively monitored.
SE Tax Advantage ✅
  • Properly structured salary + distributions may significantly reduce self-employment tax
  • One of the most common reasons growing businesses elect S Corp status

Best For

  • Growth-stage businesses bringing in outside investors
  • Owners seeking both liability protection and tax efficiency
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LLC → S Corp Election Many businesses start as an LLC and later elect S Corp taxation once revenue justifies the additional payroll complexity. A CPA can help you model the break-even point.
Compare C Corp → Decision Guide