Why I choose S Corporation
A lot of us (small business owners and investors) are puzzled by the form of business structure we want to establish to protect our personal assets. A while ago, I formed a S Corporation and here is why:
Tax
Both LLC and S Corp are pass-through entities in terms of tax. The income of your business becomes your personal income, thus eliminating double taxing. C corporation is the one that gets taxed twice, which is subjected to corporation income tax and personal income tax. So there is no difference here between a S and a LLC.
But the difference is the employment tax (Soscial security and Medicare). LLC’s owners are taxed on the entire net earnings, while S Corporation’s owners are only taxed on the salary they get paid. The rest are treated as Corporoation distributions and will only be taxed as income but not employment. (meaning, a 15.3% savings).
So for example, if your S Corporation pulls in 100K a year but you only pay yourself $50K a year. You only need to pay $7650 in Social Security and Medicare tax if you own a S. But if you own a LLC and makes the same amount of money, you pay double of that.
Although we are very careful with the salary payouts. There is absolutely no cheating here allowed. IRS will nail you if you make 100K but only take 5k a year salary.
Business Ownership and Procedures
S Corporation is owned by shareholders (no more than 75) and LLC has greater flexibility in terms of business ownership. LLC can be member managed based on your agreement. S Corporation however has to abide a set of procedures and processes such as record keeping and board meetings. The profit for S Corporation has to be divided up according to the shares owned by each shareholder. LLC however, can distribute its profits in whatever ways the owners/managers seem to fit.
We like the formality of the S Corporation and thinking long term, it is better for a S Corporation to expand and manage than a LLC. LLC is heavily depending on the agreements you have with other owners. S Corporation, however divides the profits based on the investment. There are records being kept from each board meeting to document major decisions. Since it is law so nobody has excuse NOT to do it.
Another difference is that S corporation has to be owned by US citizens and Legal Resident Alien. LLC has no such restriction. All of our shareholders are US citizens so we don’t need the advantage offered by LLC
If it’s a Mama-Papa shop, maybe LLC will work better since you can fight over the agreement in the bedroom at anytime you want. But if there are several investors working together, I would personally choose S over LLC.
















