Guide · 2026 rules

LLC taxed as an S corp: same LLC, new tax

You don’t have to turn your LLC into a corporation to be taxed as an S corporation. The LLC files one IRS form and keeps everything else its state set up. Here is how that works, and what changes and what stays the same for a one-owner LLC.

Updated October 24, 202613 official sources

In short

  • An LLC elects S status by filing Form 2553. It does not also file Form 8832.
  • The LLC stays an LLC under state law: same liability protection, same operating agreement, same state filings.
  • What changes is tax: you go on payroll, the business files Form 1120-S, and you get a K-1.
  • A few places don’t follow the federal election, so check your state.

How an LLC gets S-corporation tax treatment

By default the IRS treats a one-owner LLC as part of its owner for income tax. To be taxed as an S corporation, the LLC files Form 2553. An LLC that files a valid Form 2553 is treated as a corporation from the date the election takes effect, and it does not also file Form 8832.

To take effect for a year, Form 2553 is due no later than 2 months and 15 days after the year begins: March 15 for a calendar year. Electing S corp status walks through the form and late relief.

What stays the same

  • The LLC itself. The election changes how the IRS taxes the business, not the structure your state set up. It is still an LLC with your state.
  • Liability protection. The LLC protects your personal assets in most instances, as before.
  • The operating agreement and state filings. The LLC’s annual report or fee follows the LLC, though in some states the tax election changes a state tax or fee.

What changes

  • You go on payroll. You take a reasonable salary with taxes withheld, and the rest of the profit can come out as distributions. How to pay yourself explains the split.
  • A second return. The business files Form 1120-S each year and gives you a Schedule K-1. Form 1120-S covers it.
  • Self-employment tax. Social Security and Medicare apply to your salary, not your whole profit. That is where the saving comes from.
  • 1099s from clients. Payments to an LLC taxed as an S corporation generally don’t need a Form 1099-NEC. Does an S corp get a 1099? explains the exceptions.

Check your state

Most states follow the federal S election automatically. A few don’t. New York requires its own state election on Form CT-6, and New York City and Washington, DC, do not recognize the election at all. California replaces its LLC tax and fee with its S-corporation tax: California LLC fee explains that one. The calculator applies each state’s rules.

Is it worth it?

It depends on your profit, your salary and your state. Below a certain profit, payroll and the second return cost more than the election saves. What is an S corp? explains the trade, and the calculator runs it with your numbers.

See what S-corp tax treatment would do for your LLC.Profit, state and salary. Two minutes, nothing sent anywhere.
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Sources

Sources: 13 official pages

Every figure was read on an official page and checked a second time. Checked October 24, 2026. How we check facts.

An explanation of public rules, not tax advice.