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Payton Black

Is there any real difference between a corporation and an LLC that elects to be taxed as a corporation?

I've been researching business structures for a new venture I'm starting with my brother-in-law, and I'm confused about something that seems basic. Is there any actual difference between a corporation and an LLC that elects to be taxed as a corporation? I've spent hours looking online and keep going in circles. The only concrete thing I've found is that an LLC taxed as a corporation doesn't receive a 1099 just like a regular corporation. But are there other differences I should know about before making this decision? We're leaning toward the LLC route but want to understand the implications if we elect corporate tax treatment. Any insights would be really helpful!

Harold Oh

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The main differences are legal, not tax-related. When an LLC elects to be taxed as a corporation (by filing Form 8832), it's only changing its tax treatment - not its legal structure. Here are the key distinctions: 1. Legal liability protection remains under state LLC laws rather than corporate laws 2. Corporate formalities differ - LLCs generally have fewer requirements for meetings, minutes, etc. 3. Ownership flexibility - LLCs have members with membership interests rather than shareholders with stock 4. Management structure - LLCs can be member-managed or manager-managed without a formal board 5. Dissolution process follows LLC rules rather than corporate rules You're correct that neither receives 1099s for services provided - both will receive 1099-NECs for non-employee compensation. But the real advantages come from the flexibility of the LLC structure combined with corporate tax treatment.

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Amun-Ra Azra

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So if I understand right, I'd get the tax benefits of a corporation but with less paperwork and formality of an LLC? Also, would the IRS treat me differently during an audit depending on which structure I chose?

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Harold Oh

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You'd get the identical tax treatment as a corporation (including the ability to be taxed as an S-corporation if you qualify and elect that status), but with the legal flexibility of an LLC. The key benefit is having fewer corporate formalities to maintain while still getting corporate tax treatment. From an IRS audit perspective, they would treat the entity according to its tax election regardless of the legal structure. They're looking at the tax filings, not whether you're legally an LLC or corporation. The state-level requirements are what differ substantially.

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Summer Green

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After spinning my wheels for months trying to figure out the LLC vs. corporation question for my side business, I finally used this service called taxr.ai (https://taxr.ai) which really cleared things up. I uploaded my business plan and financial projections, and it analyzed whether an LLC with corporate tax election would actually save me money compared to just forming a regular corporation. The analysis even factored in the state-specific fees where I live, which turned out to be really important! It was super helpful to see a clear comparison of both options based on my actual numbers instead of just general advice.

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Gael Robinson

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Does taxr.ai let you model different scenarios? I'm trying to decide between LLC taxed as S-corp vs. traditional S-corp and want to see how each affects owner compensation options.

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I'm skeptical about these AI tax tools. How accurate is it? Can it actually interpret state-specific LLC laws correctly? There's so many weird exceptions depending on your state.

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Summer Green

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Yes, it lets you model different scenarios - I actually compared three different structures with different owner compensation levels. It showed me the tax implications for each one based on projected income. It's quite accurate with state-specific details. It clearly identified my state's LLC fees and filing requirements, and even flagged some state-specific credits I hadn't considered. It sources its information directly from state tax departments and keeps it updated as laws change.

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Ok I have to admit I was wrong about taxr.ai in my earlier comment. I decided to try it because I was really struggling with this exact same LLC vs corp question. I uploaded our partnership agreement draft and some financial projections, and it spotted several issues we hadn't considered. The most helpful part was how it broke down the self-employment tax differences between being taxed as a partnership vs a corporation. We're going with an LLC taxed as an S-corp based on the analysis, which apparently will save us almost $7,000 in taxes in our first profitable year compared to our original plan. Just wanted to share since it actually helped us make the decision.

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Darcy Moore

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If you're still trying to figure this out and need personalized advice, you might want to talk to an actual IRS agent. I spent weeks calling the IRS business line with no success until I found Claimyr (https://claimyr.com). They have this system that gets you through to a human at the IRS without the endless hold times. Check out their demo at https://youtu.be/_kiP6q8DX5c. I used it to ask specific questions about entity classification elections for my LLC, and the agent walked me through the exact forms and timelines. Saved me from making a costly mistake on my election timing!

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Dana Doyle

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Wait, this actually works? I've been trying to call the IRS for 3 weeks about my business tax ID and keep getting disconnected. How exactly does Claimyr get you past the hold times?

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Liam Duke

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Sounds like a scam tbh. The IRS is notoriously impossible to reach. I doubt any service can magically get through when millions of people can't. Probably just collects your info and sells it.

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Darcy Moore

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It absolutely works! It basically monitors the IRS phone lines and calls you back when it gets through to a human. You don't have to sit on hold - you just go about your day and then your phone rings when an agent is ready. It's definitely not a scam. It doesn't ask for sensitive financial information - it just needs your phone number to call you back. I was skeptical too until I got connected with an actual IRS agent who answered all my LLC taxation questions in detail. The info I got ended up saving me from filing the wrong election form.

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Liam Duke

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I need to publicly eat my words about Claimyr. After calling the IRS 9 times over two weeks and never getting through about my LLC tax election question, I tried it out of desperation. Got a call back in about 40 minutes with an actual IRS business tax specialist on the line. She clarified that my specific situation (converting from sole prop to LLC with S election) had different filing deadlines than I thought. Would have screwed up my whole tax year if I hadn't gotten that info. Pretty impressed tbh and feeling slightly embarrassed about my skeptical comment earlier.

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Manny Lark

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One big thing nobody's mentioned yet is that an existing LLC can change its tax election pretty easily, but changing your actual entity type (from LLC to corporation) is much more complicated and potentially taxable. So if you're not 100% sure, starting as an LLC with partnership taxation gives you more flexibility - you can later elect corporate taxation if it makes sense, without the headache of actually converting your business structure.

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Rita Jacobs

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Is there a time limit for how long after forming an LLC you can elect to be taxed as a corp? I formed mine 2 years ago but now my accountant says S-corp election would save me on self-employment taxes.

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Manny Lark

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There's no time limit for changing to C-corporation taxation (Form 8832). You can do that anytime. For S-corporation taxation (Form 2553), you need to file within 2 months and 15 days from the beginning of the tax year you want it to take effect, or anytime in the previous tax year. But there are also late election relief procedures if you've missed the deadline - many LLCs qualify for retroactive S-corp status if they can show reasonable cause for the late filing.

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Khalid Howes

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Just a heads up that if ur state has a franchise tax for corporations (like California) you might still have to pay it even as an LLC electing corporate tax treatment. Learned this the hard way last year with my LLC lol. Check your state's specific rules!!!

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Ben Cooper

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Yep, this is critical. Texas has the same issue - my LLC that's taxed as an S-corp still has to file and pay franchise tax even though federally we're an S-corp. Cost me $3,500 I wasn't expecting my first year.

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Naila Gordon

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Something else to consider is if you ever want outside investors, many prefer traditional corps over LLCs. My tech startup started as an LLC taxed as a corp, but when we sought angel funding, we had to convert to a C-corp anyway. Investors didn't want pass-through tax consequences and preferred the standard shareholder structure. Just something to keep in mind if future funding is a possibility.

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Cynthia Love

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This is huge! We had to do the same thing. Our attorneys said converting from LLC to C-corp cost us an extra $11k in legal fees compared to if we'd just started as a C-corp. Depends on your longterm goals I guess.

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Darren Brooks

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Would this apply to a small retail business too or mainly tech startups? We might seek a small business loan but not planning on angel investors or anything fancy.

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