Switching from an LLC to an S Corp can offer several tax benefits and is a strategic move for many business owners looking to optimize their tax situation. If you’re asking, "Can I convert LLC to S Corp and what are the advantages and disadvantages?" here’s what you need to consider.
To start, you need to file
Form 2553 with the IRS. This form tells the IRS to treat your LLC as an S Corp for tax purposes. It's important to file this form within the first 75 days of the tax year you want the change to take effect. Missing this deadline means waiting until the next tax year to enjoy the S Corp benefits.
One major S Corp benefit is potential tax savings. For example, if you earn $200,000 and designate $120,000 as salary and $80,000 as a distribution, you only pay payroll taxes on the $120,000, which can save you money.
S Corps also offer structured profit distribution. Profits and losses pass through to shareholders, who report them on their personal tax returns. It makes it easier to bring in additional shareholders, as each one can be allocated a portion of the profits according to their ownership percentage.
However, there are some disadvantages too. Converting to an S Corp means following more formalities, like holding regular shareholder meetings, keeping detailed records and following specific procedures. These requirements add complexity to your business operations.
When shareholders get money from an S Corp, it can be either dividends or salary. The IRS keeps a close eye on these payments to make sure they’re labeled correctly. If you mistakenly classify wages as dividends, the company loses out on a tax deduction for those wages. But if dividends are labeled as wages, the company could end up with extra employment taxes. It’s important to get these classifications right to avoid unexpected costs.
Additionally, S Corps are limited to 100 shareholders, all of whom have to be US citizens or residents. They can’t have shareholders who are corporations, partnerships or non-resident aliens. This might not be a problem for many small businesses but could be an issue if you plan to expand your ownership structure significantly.
Also, an S Corp can only issue one class of stock, meaning all shares must have the same rights to dividends and distributions. This can be a drawback if you want to offer different classes of shares to attract various investors.