I run a small design business as a sole prop and my friend just formed an LLC. She says we pay the same self-employment taxes, but I thought LLCs got some tax advantage. Can someone clear this up? I don't want to bother my accountant with what might be a dumb question.
Does a sole proprietor pay the same self-employment taxes as an LLC owner?
Depends on the LLC. A single-member LLC is taxed like a sole prop by default. So yeah, same SE tax.
Your friend is right unless she filed an S-corp election. But that's a whole other can of worms.
So the LLC part doesn't matter at all? Then why do people even bother forming one?
Liability pro tection, mainly. Not taxes. But hey, what do I know, I'm just a guy who's been audited twice.
LOL GrumpyGus, maybe don't lead with that.
To answer the original question: yes, a single-member LLC by default pays the same 15.3% self-employment tax on net earnings as a sole proprietor. The LLC is a legal entity, not a tax classification. If she elects S-corp status, she can take a reasonable salary and avid SE tax on the remaining distributions, but that comes with payroll and filing costts. So for most small businesses, the tax treatment is identical.
That makes sense. So my friend might not have done the S-corp thing then. I'll ask her.
Also, don't forget the QBI deduction. That applies to both sole props and LLCs, so no difference there either.
Right, but the S-corp election can sometimes reduce QBI too. It's not a free lunch.
Has anyone actually done the S-corp election for a tiny business? I looked into it and the payroll fees ate most of the savings.
It really only makes sense if you're netting maybe $60k+, and can pay yourself a reasonable salary that's significantly lower than net profit. Otherwise, the administrative headache isn't worth it.
And if you mess up the salary part, the IRS will reclassify distributions as wages and hit you with penalties. Fun stuff.
This thread is making me never want to start a business.
Just stick with sole prop until you're making real money. Less paperwork, same taxes.
Thanks all. I think I'll stay a sole prop for now and tell my friend to double-check if she actually elected S-corp. Appreciate the help!