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George Saenz, the Bankrate.com Tax Talk columnistChoosing an LLC or S corporation

Dear Tax Talk,
One of the advantages of an S corporation is that you can pay yourself a reasonable salary and pay your remaining income as dividends, which are taxed at a lower rate. Is this also true for an LLC? Thanks. -- Scott

Dear Scott,
If you want to save on employment taxes, you better stick to an S corporation. An LLC is a limited liability company that shelters its owners from certain debts of the organization.

But so does an S Corporation. A lot of attorneys seem to recommend LLCs lately, but it has nary any advantages over an S corporation and subjects the owners to higher employment taxes.

Like you said, an S corporation can pay a reasonable salary to its owner and the remainder can be paid as dividend or, more importantly, accumulated for business expansion.

Neither the dividends nor the accumulated earnings are subject to employment tax.

In an LLC, the active members are subject to self-employment tax on their net share of the profits, whether or not the profits are paid to the owners. This means that the members of an LLC that uses $100,000 in profits to buy equipment will pay self-employment tax at 15.3 percent on profits that were retained.

To ask a question on Tax Talk, go to the "Ask the Experts" page, and select "taxes" as the topic.

Bankrate.com's corrections policy -- Posted: Aug. 14, 2002
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