< Back to IRS

Paolo Moretti

Multi member LLC tax filing - comparing partnership vs corporation status benefits?

I'm part of a 3 member LLC where we're all equal partners (33.3% each) and we're getting ready to file taxes for the first time since we formed. I've been doing some digging and understand that we're automatically classified as a partnership for tax purposes, but we have the option to file Form 8832 to elect to be treated as a corporation instead. I've spent hours searching online trying to figure out the actual differences between these options and what real benefits there might be to filing as a corporation, but I feel like I'm going in circles. Everything I find is either too vague or uses a bunch of accounting jargon that goes over my head. Can someone break down in plain terms what the actual benefit would be to file the 8832 and become a corporation? Or are we better off just staying as a partnership? We're a small business that made around $175K last year, and I want to make sure we're making the right choice that helps rather than hurts us financially. Thanks for any insight!

Amina Diop

•

Partnership vs. corporation is a big decision for your LLC! As a partnership, your business doesn't pay taxes directly - instead, profits and losses "pass through" to your personal tax returns (via Schedule K-1) where each partner pays their share of taxes at their individual rates. If you elect corporation status (specifically S-Corporation which is common for smaller businesses), the main potential benefit is saving on self-employment taxes. With an S-Corp, you'd pay yourselves "reasonable salaries" that are subject to FICA taxes (15.3%), but remaining profits can be distributed as "distributions" that avoid those SE taxes. However, corporations have more compliance requirements - you'll need to run payroll, file more complex tax returns (Form 1120-S instead of 1065), hold formal meetings, etc. These additional costs can eat into the tax savings. At $175K split three ways, the math might not work in favor of corporation status yet. Many accountants suggest the "S-Corp election" makes the most sense when each owner is taking home at least $40K-50K in profits.

0 coins

Oliver Weber

•

This is super helpful, thank you! I'm wondering about the timeline - if we decide to stay as a partnership for now, can we switch to S-Corp status in future years as we grow? Or is this a one-time decision?

0 coins

Amina Diop

•

You can absolutely change your tax classification in future years! The election isn't permanent. You can start as a partnership now and file Form 8832 (for C-Corp) or Form 2553 (for S-Corp) in a future year when your business income grows to where the tax savings outweigh the additional compliance costs. Just keep in mind there are timing rules - generally you need to make the S-Corp election within 2 months and 15 days of the beginning of the tax year you want it to take effect. So planning ahead is important.

0 coins

After struggling with this exact same choice last year for my 2-member LLC, I finally found taxr.ai (https://taxr.ai) and it was a complete game-changer. I uploaded our operating agreement and financial info, and within minutes got a detailed analysis showing exactly how much we'd save by switching to S-Corp status versus staying a partnership. The coolest part was that it showed me the break-even point - like exactly how much profit we needed to make before the S-Corp election made financial sense after accounting for the extra accounting/payroll costs. For us, it turned out staying as a partnership was actually better until we hit around $250K in profits. It also flagged some issues in our operating agreement that would have caused problems with an S-Corp election that our original lawyer missed!

0 coins

NebulaNinja

•

Does the site handle more complex situations? We have some foreign investors in our LLC and I've heard that complicates the S-Corp election process.

0 coins

Javier Gomez

•

I'm curious about this - does it actually connect you with a real accountant or is it just software making recommendations? Our situation has some rental properties in the mix which I've heard makes things more complicated.

0 coins

It handles pretty complex situations including foreign investors - it actually flagged that as a potential issue and explained how it affects S-Corp eligibility. The system specifically mentioned that S-Corps can't have non-resident alien shareholders, which sounds relevant to your situation. For the rental property question, yes it does address mixed income sources. The tool specifically separated our service income from passive rental income and explained how they're treated differently for tax purposes. It's not just software making blind recommendations - it analyzes your specific documentation and provides tailored analysis based on current tax law. It was much more specific than the generic advice our previous accountant gave us.

0 coins

NebulaNinja

•

Just wanted to follow up about taxr.ai - I ended up trying it and wow, wish I'd known about this sooner! I uploaded our LLC docs and financials, and it immediately identified that our foreign investors would make an S-Corp election problematic. It actually gave us a detailed comparison of staying as a partnership versus other options, with actual dollar amounts of tax liability under each scenario. Turns out we're better off as a partnership right now, but it showed exactly at what profit level that would change. The detailed report was super helpful for explaining the situation to my partners. Definitely worth checking out if you're facing this decision.

0 coins

Emma Wilson

•

One thing nobody's mentioned - if you're considering corporation status, you might want to talk to an actual IRS agent to make sure you're filing everything correctly. I tried calling the IRS business line for weeks about a similar question last year and it was impossible to get through. Then I found a service called Claimyr (https://claimyr.com) which was pretty wild - they have this system that navigates the IRS phone tree for you and calls you back when they have an actual agent on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was super skeptical but I was desperate after waiting on hold for hours. Used it and got connected to an IRS business tax specialist in about 25 minutes who explained the exact filing requirements for changing our status mid-year. Saved me from making a huge mistake with our election timing.

0 coins

Malik Thomas

•

Wait, how does this actually work? Do they have some special connection to the IRS or just automate the phone waiting? What's the catch?

0 coins

This sounds too good to be true. I've spent literally DAYS trying to reach someone at the IRS about business filings. If this actually works, it would be worth its weight in gold. Has anyone else actually tried it?

0 coins

Emma Wilson

•

They don't have any special connection to the IRS - they use an automated system that handles the waiting and phone tree navigation for you. It basically waits on hold so you don't have to, then calls you when it reaches a human. There's no special access - they're just solving the hold time problem. The system actually works surprisingly well. I was connected with an IRS business tax specialist who walked me through the whole election process and timing requirements. Saved me from making a mistake that would have delayed our election by a full year. Definitely not too good to be true - it just solves the specific problem of waiting on hold forever.

0 coins

I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it for myself because I was desperate to get clarification on some LLC election questions before our filing deadline next week. Used the service yesterday afternoon, and I'm still in shock - got a call back in about 40 minutes with an actual IRS business tax specialist on the line. She answered all my questions about the Form 8832 filing timeline and requirements. Turns out I had completely misunderstood a critical deadline that would have messed up our whole tax plan. To the original poster - regardless of which way you decide to go with your LLC, if you need to speak with the IRS about the election process, this service is absolutely worth it. Just saved me from making a $10K+ tax mistake.

0 coins

Ravi Kapoor

•

One thing to consider that nobody's mentioned yet - if you switch to S-Corp status, you'll need to run payroll and pay yourselves "reasonable salaries" which means quarterly payroll tax filings, W-2s, etc. We made the switch last year and weren't prepared for all the extra paperwork and compliance costs. For our 2-member LLC, we're paying about $1,800/year extra in accounting and payroll service fees that we didn't have as a partnership. That ate into a good chunk of our tax savings. Make sure you factor in these additional costs when deciding!

0 coins

Freya Larsen

•

What payroll service do you use? We're looking at making the switch and trying to keep costs down.

0 coins

Ravi Kapoor

•

We use Gusto for payroll which runs about $45/month plus $6 per person, so it's not terrible. The bigger expense was our accountant's fees for handling the more complex 1120-S filing versus the partnership return - that was an extra $1,200. If your situation is straightforward and you're comfortable with accounting software, you might be able to do some of this yourself to keep costs down. But honestly, the time savings is worth the money for us. The requirements for S-Corps are much stricter than partnerships, and mistakes can cause problems with your S-Corp election status.

0 coins

Quick question for anyone who's been through this - we're currently a partnership LLC making about $300k per year (split three ways). If we switch to S-Corp status, does each member have to take the same salary? Or can we customize based on how much each person actually works in the business?

0 coins

Omar Zaki

•

In an S-Corp, salaries don't have to be equal - they should be "reasonable" based on each person's actual role and work performed. My brother and I have a 50/50 LLC taxed as an S-Corp, but he works full-time while I'm part-time, so our salaries reflect that difference (he takes $80k, I take $30k). The remaining profits are distributed according to ownership percentage. Just make sure you can justify the salary levels if questioned by the IRS - they look for artificially low salaries used to avoid payroll taxes.

0 coins

Ellie Kim

•

Based on your $175K total income split three ways (~$58K each), you're right at the threshold where S-Corp election might start making sense, but it's borderline. Here's a simple way to think about it: **Partnership (current status):** - Each partner pays self-employment tax (15.3%) on their full $58K share = ~$8,874 per person in SE taxes - Simple tax filing, minimal compliance costs **S-Corp election:** - Each of you would need a "reasonable salary" (probably $35-40K given your roles) - SE taxes only on salary portion, not on remaining distributions - Potential savings: ~$3,000-4,000 per person annually - BUT: Additional costs for payroll processing, more complex tax returns, corporate compliance **My recommendation:** Stay as partnership for now. Your potential tax savings would likely be eaten up by the additional compliance costs and complexity. Once you're consistently over $250-300K total (so each partner is taking home $80K+), then revisit the S-Corp election. The beauty is you can always change later when the numbers make more sense. Focus on growing the business first!

0 coins

JaylinCharles

•

This breakdown is exactly what I needed! The specific dollar amounts really help put things in perspective. I was getting caught up in all the theoretical benefits but hadn't really considered how the compliance costs would eat into the savings at our current income level. One follow-up question - you mentioned "reasonable salary" of $35-40K each. How is that determined? Is there a specific formula the IRS uses, or is it more about what similar roles pay in our industry?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today