Sole Prop vs LLC Taxes: Will You Pay More?

Most new founders think an LLC lowers their tax bill. It doesn’t. Here is the math on why they are legally different but fiscally identical—until you pull the “S-Corp” lever.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 5 min read · LEGAL › BUSINESS
Sole Prop
15.3%
SE Tax RateHigh
LLC (Default)
15.3%
Exactly the SameFact
LLC (S-Corp)
Savings
If Net > $80kGoal

The Tax Identity Crisis

The IRS does not see your LLC. They look right through it to you. This is called being a “Pass-Through” entity.

Structure IRS Classification Tax Form
Sole Prop Self-Employed Schedule C
Single LLC Disregarded Entity* Schedule C
LLC (S-Corp) Corporation Form 1120-S
C-Corp Double Taxed Form 1120
*Disregarded Entity
The IRS ignores the LLC for tax purposes. You get the legal protection of an LLC, but the tax simplicity (and burden) of a Sole Proprietorship.
Tax on $100k Profit
Sole Prop ~$15,300 SE Tax
Plus Income Tax.
Single-Member LLC ~$15,300 SE Tax
Zero Difference.
LLC w/ S-Corp ~$9,000 SE Tax
You save ~$6,000.
GoalBest Structure
SimplicityDefault LLC
Tax SavingsS-Corp LLC

If Taxes Are the Same, Why Bother?

You don’t form an LLC for tax breaks; you form it for Sleep Insurance.

The “Corporate Veil”

  • Sole Prop: If someone sues your business, they can take your personal house, car, and savings. You and the business are the same person.
  • LLC: If someone sues the business, they can generally only take the assets inside the company. Your personal house is shielded (assuming you didn’t pierce the veil).

The Advanced Move: S-Corp Election

Once your business makes over $80,000 in net profit, the “Self-Employment Tax” (15.3%) becomes painful. This is when you file Form 2553.

How It Saves Money

An S-Corp splits your money into two buckets:

  • Bucket A (Salary): Subject to 15.3% SE Tax. (Reasonable Salary).
  • Bucket B (Distribution): NOT subject to 15.3% SE Tax. (Just Income Tax).

By taking part of your profit as a “Distribution,” you legally skip the payroll tax on that portion.

Pro Tip: The “Delaware” Trap

Living in California but forming an LLC in tax-free Wyoming? Don’t do it.
If you operate from California, you must register your Wyoming LLC as a “Foreign LLC” in California and pay California taxes anyway. You end up paying fees to BOTH states. Always form your LLC in the state where you actually work.

Frequently Asked Questions

Does an LLC need a separate Tax Return?
No. A Single-Member LLC reports everything on Schedule C, attached to your personal Form 1040. It is very simple. (Multi-Member LLCs need Form 1065).
How much does an LLC cost?
It varies by state. Cheap: Colorado ($50). Expensive: California ($800 annual tax minimum). Make sure the tax savings outweigh the annual fee.