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Tax Advisory

LLC vs S Corp in California

KDA Inc. — Licensed CPAs & Enrolled Agents | Updated April 2026 | California-specific
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How Is an LLC Taxed in California?

A single-member LLC is taxed as a sole proprietorship by default — all net profit flows to your personal return (Schedule C) and is subject to self-employment tax (15.3% on the first $176,100 of net earnings, 2.9% above that). A multi-member LLC is taxed as a partnership by default. In both cases, California also imposes an $800 minimum franchise tax and a gross receipts fee ranging from $900 (on receipts over $250,000) to $11,790 (on receipts over $5 million).

What Is an S Corp and How Does It Save Taxes?

An S corporation is a tax election, not a separate entity type. An LLC or corporation can elect S corp status by filing Form 2553 with the IRS (and Form 3560 with California). The key tax benefit: as an S corp owner, you split your income into two components — a reasonable salary (subject to payroll taxes) and a distribution (not subject to payroll taxes). This split can save 15.3% in self-employment tax on the distribution portion.

LLC vs S Corp: Side-by-Side Comparison

FactorLLC (Default)S Corp Election
Self-employment tax15.3% on all net profitOnly on salary portion
Payroll required?NoYes — must pay yourself a reasonable salary
California franchise tax$800 minimum + gross receipts fee1.5% of net income (minimum $800)
ComplexitySimpleMore complex — payroll, Form 1120-S, K-1s
Retirement plan optionsSEP-IRA, Solo 401(k)Solo 401(k) with higher contribution limits
Best for net profitUnder $40,000Over $60,000–$80,000

California-Specific Fees & Costs

California imposes additional costs that affect the LLC vs S corp decision. An LLC pays the $800 minimum franchise tax plus the gross receipts fee. An S corp pays 1.5% of California net income (minimum $800) — no gross receipts fee. For a business with $1 million in gross receipts but modest net income, the LLC gross receipts fee ($6,000) can exceed the S corp tax, making the S corp election advantageous even at lower net profit levels. KDA models the full California tax cost for both structures before recommending an election.

When to Switch from LLC to S Corp

The general rule: consider the S corp election when net profit consistently exceeds $60,000–$80,000 per year. Below that threshold, the payroll costs (payroll processing, employer payroll taxes, additional tax return complexity) often exceed the self-employment tax savings. Above $80,000, the savings are typically significant. KDA calculates the exact breakeven point for each client based on their specific income, salary, and California tax situation.

Case Study: $180K Net Profit

A California consultant earns $180,000 net profit as a single-member LLC. As an LLC, they pay $25,478 in self-employment tax. After electing S corp status and paying themselves a $90,000 salary, they pay $13,770 in payroll taxes on the salary — saving $11,708 per year. After accounting for payroll processing costs ($1,500/year) and additional tax preparation ($1,000/year), the net annual savings is approximately $9,200. Over 10 years, that is $92,000 in tax savings.

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Frequently Asked Questions

Common Questions About LLC vs S Corp in California

What is a reasonable salary for an S corp owner in California?
The IRS requires S corp owner-employees to pay themselves a "reasonable salary" — comparable to what you would pay an employee to do the same work. There is no fixed formula, but the IRS looks at industry compensation surveys, the company's revenues, and the owner's qualifications. KDA helps clients determine a defensible reasonable salary that maximizes tax savings while minimizing audit risk.
Yes. A single-member LLC can elect to be taxed as a corporation (by filing Form 8832) and then elect S corp status (by filing Form 2553). Alternatively, you can form a corporation and elect S corp status directly. KDA handles both the federal and California S corp election filings.
To be effective for the current tax year, the S corp election must be filed by March 15 of that year (for calendar-year taxpayers) or within 2 months and 15 days of the beginning of the tax year. Late elections can sometimes be made retroactively with IRS approval. KDA files S corp elections for clients and handles late election relief requests when needed.
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