Executive summary
- An LLC is a legal structure, not a tax status. By default, a one-owner LLC is taxed like a sole proprietor (Schedule C) and a two-plus-owner LLC like a partnership (Form 1065).
- No tax cut by default: self-employment tax is 15.3% on 92.35% of profit either way, about $8,478 on $60,000 of profit.
- The real advantage is choice: an LLC can elect to be taxed as a corporation or an S corp. For an S corp start on January 1, 2027, file Form 2553 by March 15, 2027.
- State costs: New Jersey charges $75 for the LLC annual report; New York's IT-204-LL filing fee runs $25 to $4,500; NYC adds a 4% unincorporated business tax.
Bottom line: Form an LLC for the legal structure and flexibility, then decide on the tax status with real profit numbers before March 15, 2027.
LLC tax advantages are one of the most searched small-business questions, and the honest answer surprises people. A limited liability company (LLC) is a business structure created under state law. The "limited liability" is a legal protection, not a tax rule. If an LLC doesn't pick a tax status, the IRS taxes it like a sole proprietor or partnership.
What is an LLC, and how is it taxed by default?
The IRS rules are short. An LLC with one member is treated as an entity disregarded as separate from its owner. If the owner is an individual, the business goes on Schedule C of the owner's Form 1040, just like a sole proprietorship. A domestic LLC with at least two members is classified as a partnership and files Form 1065, with each owner getting a Schedule K-1.
| Setup | Federal return | Self-employment tax |
|---|---|---|
| Sole proprietor (no LLC) | Schedule C | On all net profit |
| Single-member LLC (default) | Schedule C | On all net profit |
| Multi-member LLC (default) | Form 1065 + K-1s | Depends on each owner's role |
| LLC taxed as an S corp | Form 1120-S + K-1s | Payroll tax on owner wages only |
LLC vs sole proprietor taxes: does an LLC save on taxes?
On its own, no. Single-member LLC taxes are the same as a sole proprietor's. Self-employment tax is 15.3% (12.4% Social Security and 2.9% Medicare) on net earnings, which are 92.35% of your profit. For 2026, the Social Security part applies to the first $184,500 of combined wages and self-employment earnings.
Example: $60,000 of profit × 92.35% × 15.3% is about $8,478 of self-employment tax, with or without an LLC.
The real LLC tax advantages
- You can choose your tax status. An LLC can file Form 8832 to be taxed as a corporation, or Form 2553 to be taxed as an S corporation. An eligible entity that files a valid Form 2553 doesn't need a separate Form 8832.
- Pass-through by default. A default LLC generally pays no federal income tax itself. Profit flows to the owners' returns, so it isn't taxed once at the company and again when paid out.
- The qualified business income (QBI) deduction. Owners may deduct up to 20% of qualified business income from sole proprietorships, partnerships and S corps, but not from a C corporation. The 2025 tax law made it permanent. Sole proprietors qualify too, so it's not an LLC-only perk.
LLC taxed as S corp or sole proprietor?
An S corp election can lower employment tax because you pay payroll tax on a reasonable salary, not on all profit. It also adds payroll, a Form 1120-S and a state return. File Form 2553 no more than 2 months and 15 days after the start of the tax year: March 15, 2027 for a January 1, 2027 start, or any time in 2026. Our Form 2553 guide walks through the numbers, and the which-tax-form guide compares every return.
New Jersey and New York LLC fees and taxes
- NJ LLC annual report fee: $75 a year, per the NJ Division of Revenue. If your LLC is taxed as a partnership, has more than two owners and has New Jersey-source income, the NJ-1065 also carries a $150-per-owner filing fee (up to $250,000), due April 15 for calendar-year filers.
- NY LLC filing fee: an LLC with New York-source income files Form IT-204-LL. The fee is $25 for a single-member LLC and $25 to $4,500 for LLCs taxed as partnerships, based on New York-source gross income. It's due the 15th day of the third month after the year ends.
- NYC: LLCs taxed as sole proprietors or partnerships that do business in the city may owe the 4% unincorporated business tax. Filing starts above $95,000 of gross income, and a credit wipes out the tax when it's $3,400 or less.
- S corp in New York: a federal S election doesn't carry over automatically; the company files Form CT-6 to be a New York S corporation.
FAQs
Not by itself. A default single-member LLC pays the same income and self-employment tax as a sole proprietor. Savings come from the tax status you choose and how you run the business.
By default it's disregarded for income tax, so an individual owner reports the business on Schedule C and pays self-employment tax on the profit.
Usually when profit is comfortably above a reasonable salary for your work, so the payroll tax saved beats the added payroll and filing costs. Run your numbers before March 15, 2027.
Merchant Financial Advisory (MFA), an accounting, tax and business solutions provider in Princeton, New Jersey, sets up LLCs and their tax status for individuals and small and mid-sized businesses in New Jersey, New York and nationwide. See our LLC formation service and S corp election service, try the S Corp vs LLC Savings Calculator below, or book a call.
Save the key dates
- Mon, Mar 15, 2027Last day to file Form 2553 for S corp status starting January 1, 2027 No more than 2 months and 15 days after the start of the tax year. A calendar-year LLC can also file at any time during 2026.
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- Mon, Mar 15, 2027NY: IT-204-LL filing fee due for calendar-year LLCs with New York income Due the 15th day of the third month after the tax year ends. $25 for a single-member LLC with New York-source income; $25 to $4,500 for LLCs taxed as partnerships.
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- Thu, Apr 15, 2027NJ: NJ-1065 and partnership filing fee due (calendar-year 2026) $150 per owner for LLCs taxed as partnerships with more than two owners and New Jersey-source income, up to $250,000.
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Sources
- IRS: LLC filing as a corporation or partnership
- IRS Publication 334 (2025), Tax Guide for Small Business
- IRS: Self-employment tax (Social Security and Medicare taxes)
- IRS: Instructions for Form 2553
- IRS: Instructions for Form 8995 (2025), Qualified Business Income Deduction
- IRS: Understanding the Working Families Tax Cuts, business tax provisions
- NJ Division of Revenue: Fee schedule
- NJ Division of Taxation: 2025 NJ-1065 instructions
- NY Department of Taxation and Finance: Instructions for Form IT-204-LL
- NY Department of Taxation and Finance: Franchise tax on S corporations (Form CT-6)
- NYC Department of Finance: 2025 Form NYC-202 instructions (UBT)
Facts checked against the sources above as of November 11, 2026. This article is general information, not tax, legal, or financial advice, and reading it does not create a client relationship. Tax rules change and every situation is different; confirm the details for your situation with a qualified professional before acting.