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S-corp election, explained

Updated June 2026 · 5 min read

“Should I be an S-corp?” is one of the most common questions founders ask once they start making money. The short answer: an S-corp isn’t a type of business — it’s a tax election your LLC or corporation can make, and it can save money once you’re profitable.

It’s an election, not an entity

You don’t “form an S-corp.” You form an LLC or corporation, then ask the IRS to tax it as an S-corp. The legal entity stays the same; only how it’s taxed changes.

How it can save on taxes

In a default LLC, all your profit is subject to self-employment tax (Social Security and Medicare). With an S-corp election, you pay yourself a reasonable salary (which is subject to those taxes) and take the rest as a distribution (which generally isn’t). On meaningful profit, that split can save thousands a year.

When it’s worth it

The trade-offs

An S-corp means running payroll (even for just yourself), filing a separate business tax return, and following IRS rules on “reasonable” compensation. Those costs eat into the savings at lower profit levels, which is why timing matters.

The practical path

Most founders start as a plain LLC, then make the S-corp election the year their profit clears the threshold. You don’t have to decide on day one — and you shouldn’t rush it.

Form first, elect later

Start as an LLC with Filerra — you can make the S-corp election once it pays off.

General information, not tax advice. Whether an S-corp election saves you money depends on your numbers — talk to an accountant before electing. Filerra is not a law or accounting firm.