Can a two member LLC be taxed as an S corp?
Emma Jordan
Published Apr 13, 2026
By default, LLCs with more than one member are treated as partnerships and taxed under Subchapter K of the Internal Revenue Code. And, once it has elected to be taxed as a corporation, an LLC can file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.
Why an s corp over an LLC?
Advantages of S corps over LLCs S corporations have some advantages over LLCs. It can be easier to obtain outside funding as some investors and banks prefer to invest in corporations than LLCs. LLC owners, in contrast, pay self-employment taxes, which can result in a higher overall tax liability.
How are multi-member LLCs and their owners taxed? Multi-member LLCs are treated like general partnerships when it comes to taxes. While this is their default tax classification, multi-member LLCs can request to be taxed as an S corp by filing Form 2553 or taxed as a C corp by filing Form 8832.
How do I file taxes for my LLC S Corp?
If you want your LLC to be taxed as an S corporation, you need to file IRS Form 2553, Election by a Small Business Corporation. If you file Form 2553, you do not need to file Form 8832, Entity Classification Election, as you would for a C corporation. You may use online tax filing, or can file by fax or mail.
Does an LLC taxed as an S corp get a 1099?
If your contractor is an LLC that files taxes as a corporation (S Corporation or C Corporation), they are treated as a corporation for tax purposes and this means that they generally do not have to receive a 1099.
Why is my LLC taxed as a corporation or S Corp?
Many LLC’s choose the S corporation for its tax status because: It avoids the double taxation situation of corporations; S corporation owners can take the QBI deduction on business income (not employment income) Owners pay Social Security/Medicare tax only on employment income.
Can a multi-member LLC be a s Corp?
To elect S Corp tax status for your multi-member LLC, you must file Form 2553 (Election by a Small Business Corporation) when registering your business. Existing LLCs can also use Form 2553 to change their tax status to that of an S Corp.
What kind of tax return do I need for multi-member LLC?
When filing income taxes, the S Corp must file an informational return (Form 1120S) and shareholders (owners) should report their earnings from the company on Schedule E of their Form 1040. To elect S Corp tax status for your multi-member LLC, you must file Form 2553 (Election by a Small Business Corporation) when registering your business.
Can a member of an S corporation be an employee?
Members can be employees and therefore report their wages, salaries, and dividends on their personal tax returns. An S Corporation is either an LLC or C Corporation that has elected for special tax treatment with the IRS.