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Writer's pictureSarah Morris Ocampo

Understanding the Difference: LLC vs. S Corp in Business Structures

Updated: Sep 25


Business owners often face confusion when it comes to selecting the right business entity, especially with misleading information about certain classifications. 



Sarah Ocampo, an attorney practicing in the areas of probate, business, and estate planning, sheds light on this critical topic, clarifying some widespread misunderstandings.


The S Corporation Myth: What You Need to Know


One of the most common misconceptions involves the S Corporation (S Corp). Contrary to what many business owners believe, an S Corp is not a type of legal entity. Instead, it’s a tax designation recognized by the IRS. 


Entrepreneurs frequently mistake S Corp for an independent business structure, but it’s actually a tax status that either an LLC or a corporation can elect.


Key Differences: LLCs and Corporations


Both Limited Liability Companies (LLCs) and corporations can choose to be taxed as an S Corporation. However, this tax election doesn’t alter the legal nature of the business entity. 

Whether you operate an LLC or a corporation, the S Corp designation simply impacts how taxes are handled, not the legal structure of your business. Therefore, business owners should be clear when referring to their business entity—LLC and corporation are the legal entity types, while S Corp is a tax option.


Why Choose the S Corporation Tax Designation?


So why do business owners elect S Corp status? The primary motivation lies in tax advantages. 


S Corps can avoid double taxation, where income is taxed at both the corporate and personal levels when distributed as dividends. It’s important to note that both LLCs and corporations can benefit from this tax structure, further emphasizing that S Corp is about tax treatment, not entity type.


The Value of Professional Guidance


Given the complexity of business entities and tax designations, it’s crucial to seek guidance from professionals like Sarah Ocampo. Misunderstanding these distinctions can lead to costly legal and financial consequences. Accurate information and expert advice can help business owners make the best decisions for their unique situations.


Conclusion: Get Expert Help for Your Business Entity Setup


Understanding the distinction between legal entities like LLCs and corporations, and the tax designation of an S Corporation, is essential for any business owner. Consulting professionals can help ensure your business is structured correctly, avoiding potential pitfalls. 


Reach out to experts like Sarah Ocampo for personalized guidance to navigate business, probate, or estate planning matters with confidence.

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