State guide · Tennessee · 2026 rules
S corporation in Tennessee: what the election changes
Tennessee has no income tax on wages or business income, yet the S election can cost more here than in most states. The reason is the excise tax.
Choose a state and enter your profit and salary to see the comparison.
The excise tax changes; the franchise tax does not
A single-member LLC owned by an individual is not disregarded for Tennessee franchise and excise tax. It pays the franchise tax of 0.25% of net worth ($100 minimum) before and after the election.
For excise tax, the LLC subtracts the income subject to federal self-employment tax (Schedule J2, line 8). For an active single-member LLC that removes the business profit from the base.
After the election there is no self-employment deduction: the excise tax is 6.5% of the S corporation’s net earnings, starting from Form 1120-S income after your salary, less a standard deduction of up to $50,000. The higher the profit left after salary, the more the excise tax takes back.
A sole proprietor with no LLC owes neither tax today.
Payroll taxes on your salary
Unemployment insurance: 2.7% for a new employer on the first $7,000 of wages. Tennessee counts anyone a corporation pays for services as its employee, including an officer who owns stock. There is no state income tax withholding.
Worked examples
A single-member LLC owner, single filer, 22% federal bracket, default payroll and return costs. The figure is total tax and added costs as an S corporation compared with staying as you are.
| Profit / salary | Statewide |
|---|---|
| $80,000 / $45,000 | $779 lower |
| $120,000 / $60,000 | $2,973 lower |
| $200,000 / $90,000 | $5,199 lower |
Starting payroll in Tennessee
Register for unemployment insurance with the Tennessee Department of Labor and Workforce Development. There is no state withholding account.
The S corporation reports its Form 1120-S income on Schedule J3 of the franchise and excise return (Form FAE170).
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, DC
- West Virginia
- Wisconsin
- Wyoming
Sources
- Tennessee Department of Revenue, Form FAE170 Instructions (2025), Schedule J3
- Tennessee Department of Revenue, Franchise & Excise Tax: Due Dates and Tax Rates
- Tennessee Department of Revenue, F&E-3 Filing Requirements for Disregarded Entities (Tenn. Code Ann. §§ 67-4-2007(d); 67-4-2106(c))
- Tennessee Department of Revenue, Franchise & Excise Tax overview
- Tennessee Department of Revenue, Franchise & Excise Tax Manual (June 2026), Ch. 1, Tennessee Works Tax Act §3, Excise Tax Standard Deduction (Pub. Ch. 377 (2023))
- Tennessee Department of Revenue, 2023 Legislative Summaries, Tennessee Works Tax Act (Pub. Ch. 377)
- Tennessee Department of Revenue, F&E-4 (Tenn. Code Ann. § 67-4-2004(38))
- Tennessee Department of Labor and Workforce Development, UI Tax Rates
- Tennessee Department of Labor and Workforce Development, Premium Rate Chart for Nongovernmental Employers (Tenn. Code Ann. § 50-7-403)
- Tennessee Department of Labor and Workforce Development, How is my premium rate determined?
- Tennessee Department of Labor and Workforce Development, Instructions for Report to Determine Status Applications for Employer Number (LB-0441, Rev. 08-23)
Federal figures: IRS Publication 15 (2026), Schedule SE and Form 2553 instructions. Every figure was read on an official page and checked a second time. Checked October 24, 2026. How we check facts.