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Should You Incorporate Your Business as an LLC or S Corporation?

  • DCI-DSA-RRI
  • May 21
  • 2 min read


Incorporating your business—whether as a Limited Liability Company (LLC) or an S Corporation (S Corp)—can provide significant legal, financial, and tax benefits. But which structure is right for you?


Here’s a breakdown of why incorporation matters and how to choose between an LLC and S Corp based on your goals, income, and growth plans.


Why Incorporate Your Business?

1. Limited Liability Protection

Incorporation separates your personal assets from business liabilities. If your business faces a lawsuit or debt, your home, car, and savings are generally protected.

2. Professional Credibility

Forming a legal business entity boosts your legitimacy with customers, vendors, and lenders. It signals that you’re serious and established.

3. Easier Access to Capital

Banks and investors often prefer to work with incorporated businesses. Structuring your business properly can open the door to loans, grants, or outside investment.

4. Business Continuity

Unlike sole proprietorships, incorporated businesses can continue operating beyond the owner’s involvement. This makes ownership transitions, sales, and succession planning much simpler.

5. Tax Benefits and Deductions

Both LLCs and S Corps offer potential tax advantages, including deductions for health insurance, retirement contributions, and other business expenses.


LLC vs. S Corporation: What's the Difference?

While both options provide liability protection and pass-through taxation, there are important distinctions when it comes to management, taxation, and structure.


Benefits of an LLC

  • Simple to Set Up and Maintain Fewer formalities, no board of directors, and minimal paperwork.

  • Flexible Tax Options You can choose to be taxed as a sole proprietorship, partnership, or even as an S Corp (if it makes sense for your tax strategy).

  • Flexible Profit Distribution LLCs are not required to distribute profits based strictly on ownership percentage.


Benefits of an S Corporation

  • Tax Savings on Self-Employment Taxes Owners can pay themselves a “reasonable salary” and take additional profits as distributions—those distributions aren't subject to self-employment taxes.

  • Clear Structure S Corps follow a more formal corporate structure, which can be appealing to investors or for scaling operations.

  • Pass-Through Taxation Like an LLC, an S Corp avoids double taxation, with profits passing directly to shareholders.


LLC vs. S Corp: Quick Comparison

Feature

LLC

S Corporation

Ownership Rules

No limit on members or types

Up to 100 shareholders, U.S. only

Taxation

All profits subject to self-employment tax

Salary subject to self-employment tax only

Corporate Formalities

Minimal

Requires board meetings and documentation

Profit Distribution

Flexible

Must be proportional to ownership

Stock Issuance

Not allowed

Can issue stock to shareholders


Final Thoughts

  • Choose an LLC if you want a simple, flexible structure—especially if you're running a small business, side gig, or just starting out.

  • Choose an S Corporation if your business is generating higher profits and you want to reduce self-employment taxes, and you're comfortable with more compliance requirements.


Still unsure which is right for you? DSA Tax & Bookkeeping helps independent distributors and small business owners choose the best structure for long-term success.


Contact us today to speak with a business formation expert.

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