Entity Forms

Entity Choice Information

Here are some highlights of the various entities for businesses.
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C Corporations

Tax:

You must file a separate tax return for the company — a business return. Corporate income is taxed at a 21% Federal tax rate. However, Illinois’ tax rate is almost 10% and other states may have significant tax rates.

There may also be double taxation on a sale if there are significant assets in the corporation.

You, as a shareholder and employee, can take out compensation and stock dividends; the dividends are NOT deductible to the company but ARE taxable to you.

Payroll Taxes:

Your company must file Federal and Illinois payroll tax returns as well as State and Federal unemployment tax returns.

Employee Benefits:

Health insurance, disability insurance and unreimbursed medical (subject to limits) are deductible. You can participate in the company profit sharing, 401(K) salary deferral and/or pension plan.

Auto – Business:

If you have a company car, the company pays 100% of the expenses and depreciates the car. You will have an amount for personal use reported on your W-2.

Home Office and Other Business Expenses:

Home office deductions are not deductible by the corporation, although rent can be paid by the corporation to the shareholder. This rent income is taxable on the shareholder’s personal return with applicable expenses deducted against it.

S Corporations

and LLCs electing to be taxed as S corporations

Tax:

You must file a separate return for the company — a business return. Net income from the company is passed through to your personal return on Schedule K-1.

The company generally pays no Federal tax and a small percentage of State income tax.

Note: You must take a reasonable salary; the IRS is not happy with companies where shareholders / employees take little or no salary and just report the company income. This is a method of avoiding payroll taxes that is not advisable.

Payroll Taxes:

Your company must file Federal and Illinois payroll tax returns as well as State and Federal unemployment tax returns.

Employee Benefits:

Health insurance premiums are added to a shareholder’s W-2 and are deducted on your personal return. There is NO company deduction for disability insurance and unreimbursed medical expenses. You can participate in the company’s profit sharing, 40l(K) salary deferral and /or pension plan.

Auto – Business:

If you have a company car, the company pays 100% of the expenses and depreciates the car. You will have an amount for personal use reported on your W-2.

Home Office and Other Business Expenses:

Home office deductions are not deductible by the corporation, although rent can be paid by the corporation to the shareholder. This rent income is taxable on the shareholder personal return with applicable expenses deducted against it.

Additional Information:

If your company has substantial goodwill and appreciated assets, an S corporation election will prevent double taxation at the time of sale.

If you have shareholders who do not work in the company, they can receive distributions of income from the S corporation as a percentage of their ownership.

Quote icon
With all entity forms, especially a sole proprietor, make sure that you have sufficient insurance coverage to protect you.”
Linda Forman, CPA

Partnership and Limited Liability Company (LLC) Taxed as Partnerships

Note: LLC Owners Are
Called Members

Tax:

If you are the only member of an LLC, you can report income and expenses on your personal income tax returns and not file a separate business return.

If you have other members in an LLC, a separate partnership return is filed.

Net income from the company is passed through to your personal return using information reported on a Schedule K-1. This income is generally considered to be self-employment income.

Payroll Taxes:

If there are no employees (other than partners or members), there are no payroll tax returns to file — as well as no unemployment taxes to file and pay. You will include self-employment tax with your income tax liability on your personal return.

Employee Benefits:

Health insurance is deductible as an adjustment on your personal tax return. There is no company deduction for disability insurance and unreimbursed medical expenses.

You can participate in a profit sharing, 401(K) deferral and / or pension plan as a self-employed person.

Auto – Business:

The business use of an auto is deductible directly against LLC and partnership income.

Home Office and Other Business Expenses:

Home office expenses and unreimbursed business expenses are deducted directly against company K-1 income on your personal return. These deductions decrease both taxable income and self-employment income.

Sole Proprietor

Tax:

You report company income and expense on your personal income tax return on Schedule C.

Payroll Taxes:

If there are no employees (other than partners or members), there are no payroll tax returns to file — as well as no unemployment taxes to file and pay. You will include self-employment tax with your income tax liability on your personal return.

Employee Benefits:

Health insurance is deductible as an adjustment on your personal tax return. There is no company deduction for disability insurance and unreimbursed medical expenses.

You can participate in a profit sharing, 401(K) deferral and / or pension plan as a self-employed person.

Auto – Business:

The business use of an auto is deductible directly against company income.

Home Office and Other Business Expenses:

Home office expenses are deducted directly against company income. Business expenses are included in the expense section of Schedule C.

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