Skip to main content

    Sole Proprietor vs LLC vs S-Corp: Which Should a Contractor Be?

    Last updated Sep 4, 2026Reviewed Sep 4, 2026

    Most tradespeople end up in the same place: a single-member LLC, taxed exactly like a sole proprietor, with an S-corp election switched on later once the profit justifies it. The three are not three rival choices so much as three stages, and the mistake is usually to jump a stage, either by staying a sole proprietor with a crew and a truck on the road, or by electing S-corp status on a profit that cannot cover the cost of running one.

    This page puts the three side by side. Each column comes from a guide already on this site: Sole prop, LLC, or S-corp: which should you be?, Should I switch my construction business to an S-corp? and When do I pay my taxes if I'm self-employed?. Read the guide for the detail; use this page to see the shape of the decision in one look.

    Two things hold across all three columns. Whichever you are, the IRS wants tax on your profit as you earn it, in four estimated payments a year, and a set-aside of roughly a quarter to a third of profit is the working figure. And forming an LLC does not change your tax bill on its own: it changes what a lawsuit can reach.

    At a glance

    Provider Liability shield Tax on profit Payroll required Running cost Makes sense when
    Sole proprietor None. You are the business. Schedule C, 15.3% self-employment tax on all of it No Nothing to file Side work, first months, nothing to protect
    Single-member LLC Yes, for your personal assets Same as a sole proprietor: Schedule C, 15.3% self-employment tax No A modest formation fee; a small annual fee in some states From the first real customer
    LLC taxed as an S-corp Yes, it is still the LLC Reasonable W-2 salary carries the 15.3%; distributions above it do not Yes, every pay period Roughly $1,400 to $3,800 a year Net profit above about $70,000 to $80,000

    Provider details

    Sole proprietor

    Best for: Side work, the first months, no crew and nothing yet to protect

    Pros

    • Nothing to form and nothing to file beyond your own tax return
    • Simplest possible bookkeeping: one Schedule C
    • No annual fees or state filings

    Cons

    • You and the business are the same thing: a lawsuit or a debt reaches your home, truck and savings
    • No way to separate business risk from personal risk
    • Same 15.3% self-employment tax on every dollar of profit

    Single-member LLC

    Best for: Most tradespeople, from the first real customer onwards

    Pros

    • Protects your personal assets from business lawsuits and debts, if you keep the two separate
    • Taxed exactly like a sole proprietor, so nothing gets harder at tax time
    • The structure the S-corp election is later switched on top of

    Cons

    • Does not lower your tax bill on its own
    • A formation fee, and in some states a small annual fee
    • The shield only holds if you actually keep business and personal money apart

    LLC taxed as an S-corp

    Best for: An established business with net profit above about $70,000 to $80,000 a year

    Pros

    • Distributions above your salary escape the 15.3% payroll tax, which is several thousand dollars on a good year
    • Still your LLC underneath, so the liability shield stays
    • A one-form election (IRS Form 2553), not a new company

    Cons

    • You must run payroll and pay yourself a reasonable salary first; a token salary does not survive the IRS
    • Roughly $1,400 to $3,800 a year in payroll, a corporate return and a CPA who knows the mechanics
    • Below the profit threshold the running cost eats the saving

    Our pick

    The order most tradespeople go through it

    Start: sole proprietor, for as long as there is nothing to protect

    Nothing to file and nothing to run. The cost is that you and the business are the same thing, so a lawsuit or a debt reaches your home, truck and savings. That is tolerable for side work and the first few months. It stops being tolerable the day you have a customer's house to answer for.

    Then: a single-member LLC, from the first real customer

    The tax picture does not move at all: same Schedule C, same 15.3% self-employment tax on the profit. What you buy is the liability shield for your personal assets, for a modest one-time formation fee and, in some states, a small annual fee. Form it in the state you actually work in; a "cheap" state elsewhere means registering as a foreign LLC at home anyway and paying two sets of fees.

    Later: the S-corp election, once profit clears about $70,000 to $80,000

    The S-corp is a tax election on top of the LLC you already have (IRS Form 2553), not a different company. You pay yourself a reasonable W-2 salary, which carries the full 15.3% payroll tax, and take the rest as distributions, which do not. The saving is real on a good year, and it is eaten below the threshold by the cost of running it: payroll, a separate corporate return and a CPA who knows the mechanics, roughly $1,400 to $3,800 a year. The IRS will not accept a token salary, so "reasonable" means what your trade pays for your role in your area.

    What does not change at any stage

    Quarterly estimated payments, and the set-aside behind them. Run the figure on the Tax Set-Aside Calculator, then read the guide that matches the stage you are at.

    Sources

    • IRS - Business structures · What each structure is for federal tax purposes, and that the choice decides which return you file
    • IRS - S corporations · The S-corp election, the reasonable-compensation requirement, and the split between salary and distributions
    • IRS - Estimated Taxes · Four estimated payments a year, whichever structure you use

    SiteKiln does not receive referral fees, affiliate commission or kickbacks from any provider listed. This is editorial content. If a better option exists, tell us at hello@kilnguides.co.uk.

    Spotted something wrong? Report an error in this comparison.