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The Daily Insight

Should I elect to have my LLC taxed as a corporation or S-Corp?

Author

Mia Ramsey

Published Apr 10, 2026

The main advantage of having an LLC taxed as a corporation is the benefit to the owner of not having to take all of the business income on your personal tax return. You also don’t have to pay self-employment tax on your income as an owner from the corporation. The main disadvantage is double taxation.

How does LLC elect to be taxed as a corporation?

By default, LLCs with more than one member are treated as partnerships and taxed under Subchapter K of the Internal Revenue Code. However, an LLC can elect to be treated as an association taxable as a corporation by filing Form 8832, Entity Classification Election.

When can LLC elect to be taxed as an S-Corp?

In the same way, as a corporation elects corporation tax status, an LLC may elect S corporation tax status by filing IRS Form 2553 with the IRS. The election must be made no more than two months and 15 days after the beginning of the tax year when the election is to go into effect.

How does a LLC get taxed as a corporation?

To elect Corporation status, the LLC must file IRS Form 8832 – Entity Classification Election. An S corporation is a type of corporation, not a separate type of business. A business that is already a corporation files Form 2553 to elect to be an S corporation. If you want your LLC to be taxed as a corporation, you must file Form 8832.

How to elect a LLC to a S corporation?

To elect S Corporation status, the LLC must file IRS Form 2553 – Election by a Small Business Corporation An S corporation is not a separate business type for tax purposes. It is a type of corporation. A business that is already a corporation files Form 2553 to elect to be an S corporation. What’s Included in Form 8832

How to elect a S corporation tax status?

How to Elect S Corporation Tax Status. In the same way, as a corporation elects S corporation status, an LLC elects S corporation status by filing IRS Form 2553 with the IRS. The election must be made no more than two months and 15 days after the beginning of the tax year when the election is to go into effect.

How to elect a corporation for tax treatment?

To make the election, complete and file IRS Form 8832, Entity Classification Election. The form is fairly simple and mainly involves checking off a few boxes. (In fact, this way of choosing a business’s tax status is officially known as “check-the-box.”)