LLC tax election · all states
LLC taxed as an S corp or C corp: rules by state
Federal rules decide the election. Your state decides the extra taxes and forms.
Start with the federal stepsShort answer
Most LLCs choose between the default pass-through, an S corp election and C corp status. Form 2553 is due 2 months and 15 days into the tax year, and the C corp federal rate is 21%. Then pick your state below for its form, tax and rate.
Last checked .Should my LLC be taxed as an S corp or a C corp?
Most small LLCs stay as they are or elect S corp status. A C corp pays tax on profit and again when it pays dividends. Try the calculator or read the LLC vs S corp guide. For loans, see the C corp lending guide.
What is the difference between an LLC, an S corp and a C corp for tax?
Profit passes through
Self-employment tax is 15.3%, applied to 92.35% of net earnings from self-employment.1
Salary plus distributions
An S corporation must pay a shareholder-employee reasonable compensation for services before making non-wage distributions.2
Taxed as its own entity
A C corporation pays a flat 21% federal income tax on its taxable income.3
When is the deadline to elect S corp status, and what if I'm late?
Pick the effective date
An S election takes effect for a tax year if Form 2553 is filed no more than 2 months and 15 days after that year begins, or at any time during the preceding tax year.4
If you are late
Late-election relief under Rev. Proc. 2013-30 must be requested within 3 years and 75 days of the effective date on line E of Form 2553.5
LLCs can skip Form 8832
An eligible LLC that timely elects S status is treated as having elected to be classified as a corporation, so it does not file Form 8832.6
Form 8832 dates, if you want C corp status
The effective date on Form 8832 cannot be more than 75 days before or 12 months after the date the election is filed.7
File the S corp return
Form 1120-S is due by the 15th day of the 3rd month after the end of the tax year.8
File the C corp return
Form 1120 is due by the 15th day of the 4th month after the end of the tax year.9
More in the S corp election deadline guide.
How much salary must I pay myself as an S corp owner?
An S corporation must pay a shareholder-employee reasonable compensation for services before making non-wage distributions.2 The IRS sets no fixed percent. Our calculator uses 60% of profit as an example only.
Which states add their own S corp rules, taxes or forms?
| State | S election | State form | C corp rate |
|---|---|---|---|
| Alabama | Recognized | No extra form | 6.5% |
| Alaska | Recognized | No extra form | 9.4% |
| Arizona | Recognized | No extra form | 4.9% |
| Arkansas | Recognized | No extra form | 1% to 4.3% |
| California | Recognized | No extra form | 8.84% |
| Colorado | Recognized | No extra form | 4.4% |
| Connecticut | Recognized | No extra form | 7.5% |
| Delaware | Recognized | No extra form | 8.7% |
| District of Columbia | Not recognized | No extra form | 8.25% |
| Florida | Recognized | No extra form | 5.5% |
| Georgia | Recognized | Extra form | 4.99% |
| Hawaii | Recognized | No extra form | 4.4% to 6.4% |
| Idaho | Recognized | Extra form | 5.3% |
| Illinois | Recognized | No extra form | 7% + 2.5% |
| Indiana | Recognized | Extra form | 4.9% |
| Iowa | Recognized | No extra form | 5.5% to 7.1% |
| Kansas | Recognized | No extra form | 3.5% + 3% surtax |
| Kentucky | Recognized | No extra form | 5% |
| Louisiana | Partly | Extra form | 5.5% |
| Maine | Recognized | No extra form | 3.5% to 8.93% |
| Maryland | Recognized | No extra form | 8.25% |
| Massachusetts | Recognized | No extra form | 8% |
| Michigan | Recognized | No extra form | 6% |
| Minnesota | Recognized | No extra form | 9.8% |
| Mississippi | Recognized | Extra form | 0% to 5% |
| Missouri | Recognized | No extra form | 4% |
| Montana | Recognized | No extra form | 6.75% |
| Nebraska | Recognized | No extra form | 4.55% |
| Nevada | No income tax | No extra form | 0% |
| New Hampshire | Not recognized | No extra form | 7.5% |
| New Jersey | Recognized | Extra form | 6.5% to 9% |
| New Mexico | Recognized | No extra form | 4.8% to 5.9% |
| New York | Partly | Extra form | 6.5% |
| North Carolina | Recognized | No extra form | 2% |
| North Dakota | Recognized | No extra form | 1.41% to 4.31% |
| Ohio | Recognized | No extra form | 0% |
| Oklahoma | Recognized | No extra form | 4% |
| Oregon | Recognized | No extra form | 6.6% to 7.6% |
| Pennsylvania | Recognized | Extra form | 7.49% |
| Rhode Island | Recognized | No extra form | 7% |
| South Carolina | Recognized | No extra form | 5% |
| South Dakota | No income tax | No extra form | 0% |
| Tennessee | Recognized | No extra form | 6.5% |
| Texas | Partly | No extra form | 0.75% |
| Utah | Recognized | No extra form | 4.45% |
| Vermont | Recognized | No extra form | 6% to 8.5% |
| Virginia | Recognized | No extra form | 6% |
| Washington | No income tax | No extra form | 0% |
| West Virginia | Recognized | No extra form | 6.5% |
| Wisconsin | Recognized | No extra form | 7.9% |
| Wyoming | No income tax | No extra form | 0% |
No state matches that. Check the spelling.
Common questions
Can an LLC elect to be taxed as an S corp?
An eligible LLC that timely elects S status is treated as having elected to be classified as a corporation, so it does not file Form 8832. To be an S corporation, a company must have no more than 100 shareholders, only allowable shareholders (individuals, certain trusts and estates) and one class of stock.
When is Form 2553 due?
An S election takes effect for a tax year if Form 2553 is filed no more than 2 months and 15 days after that year begins, or at any time during the preceding tax year. Late-election relief under Rev. Proc. 2013-30 must be requested within 3 years and 75 days of the effective date on line E of Form 2553.
How much salary must an S corp owner pay?
An S corporation must pay a shareholder-employee reasonable compensation for services before making non-wage distributions. There is no fixed percent.
When are S corp and C corp returns due?
Form 1120-S is due by the 15th day of the 3rd month after the end of the tax year. Form 1120 is due by the 15th day of the 4th month after the end of the tax year.
What is the federal C corp tax rate?
A C corporation pays a flat 21% federal income tax on its taxable income.
Sources 10 links, checked Nov 6, 2026
- Self-employment tax is 15.3%, applied to 92.35% of net earnings from self-employment. irs.gov, checked Nov 6, 2026
- An S corporation must pay a shareholder-employee reasonable compensation for services before making non-wage distributions. irs.gov, checked Nov 6, 2026
- A C corporation pays a flat 21% federal income tax on its taxable income. irs.gov, checked Nov 6, 2026
- An S election takes effect for a tax year if Form 2553 is filed no more than 2 months and 15 days after that year begins, or at any time during the preceding tax year. irs.gov, checked Nov 6, 2026
- Late-election relief under Rev. Proc. 2013-30 must be requested within 3 years and 75 days of the effective date on line E of Form 2553. irs.gov, checked Nov 6, 2026
- An eligible LLC that timely elects S status is treated as having elected to be classified as a corporation, so it does not file Form 8832. ecfr.gov, checked Nov 6, 2026
- The effective date on Form 8832 cannot be more than 75 days before or 12 months after the date the election is filed. ecfr.gov, checked Nov 6, 2026
- Form 1120-S is due by the 15th day of the 3rd month after the end of the tax year. irs.gov, checked Nov 6, 2026
- Form 1120 is due by the 15th day of the 4th month after the end of the tax year. irs.gov, checked Nov 6, 2026
- To be an S corporation, a company must have no more than 100 shareholders, only allowable shareholders (individuals, certain trusts and estates) and one class of stock. irs.gov, checked Nov 6, 2026
Last verified Nov 6, 2026.
This page explains the rules; it is not tax advice. Run your numbers with a CPA or enrolled agent before you elect.