Business formation — LLC vs S-corp for a client
A client is starting a small consulting business, ~\$120k/yr expected. LLC or S-corp?
For a solo consultant at ~$120k, here's the quick shape of it:
- **LLC (default taxation):** simplest to set up and run; all profit is subject to self-employment tax.
- **LLC with S-corp election:** lets them split income into a reasonable salary (payroll taxes) plus distributions (no SE tax) — often saving a few thousand a year at this income, but with added payroll/admin overhead.
At $120k it's usually worth the S-corp election, but it depends on how much they'll pay themselves and their appetite for paperwork. Want me to note the tradeoffs in a short memo for them?
Yes, and mention what they need to actually do to elect S-corp.
Here's a short memo:
**LLC vs S-corp — [Client]**
At ~$120k projected income, forming an LLC and electing S-corp taxation is likely worthwhile: it can reduce self-employment tax by splitting a reasonable salary from distributions. Tradeoff: you must run payroll and file an extra return.
**To elect S-corp status:**
1. Form the LLC with the state.
2. Get an EIN from the IRS.
3. File **Form 2553** (S-corp election) within the deadline.
4. Set up payroll and pay yourself a reasonable salary.
Recommend looping in their accountant on the salary figure. Want me to add our fee estimate?
Rivertown Law