Maine · LLC tax election

Maine LLC: S corp or C corp?

Maine's corporate rate starts low and climbs through four brackets, which changes who benefits from S.

As of 5 min readVermilion Vitez Team

See Maine at a glance

Short answer

Maine taxes a C corporation 3.5% on the first $350,000 of income and up to 8.93% above $3,500,000. An S corporation generally pays no Maine corporate tax on ordinary income. For a small, profitable business the S election usually moves income out of the higher brackets.

Last checked .

Maine at a glance

QuestionMaine
S election recognized?Yes, Maine follows the federal election1
Separate state form and deadlineNo separate state form2
Tax the S corp itself paysNone at the entity level3
C corp rate and minimum3.5% to 8.93%, graduated4
Personal income taxYes, on wages and pass-through income5

What is different about Maine?

Maine has four corporate brackets, and the first one is gentle: 3.5% on adjusted federal taxable income up to $350,000. Then it jumps to 7.93% up to $1,050,000, 8.33% up to $3,500,000, and 8.93% above that. A small C corporation therefore stays mostly in the 3.5% bracket, while a company earning more than $350,000 sees the rate more than double. Maine generally leaves S corporations alone at the entity level unless there is corporate-level federal taxable income, such as capital gains or built-in gains. So the question here is where your profit sits relative to $350,000.

Does Maine recognize a federal S corp election?

Maine follows the federal S election. By statute, an S corporation's Maine net income is only the amount taxable at the federal level under sections 1374 and 1375, which means capital gains and built-in gains taxed at the corporate level. Everything else passes through, and shareholders report their share on their own Maine returns. We found no separate Maine S election form, so plan on following the federal election.

Does my LLC need a separate Maine election or form?

Maine has no separate S election; an S corporation is taxed only on the amount federal law taxes at the corporate level under sections 1374 and 1375.2

What does Maine tax an S corp or LLC at the entity level?

  • Maine taxes an S corporation itself only on income federal law taxes at the corporate level under sections 1374 and 1375.3

Is a Maine LLC taxed as a C corp ever better?

A Maine C corporation pays 3.5% on income up to $350,000, 7.93% from there to $1,050,000, 8.33% to $3,500,000 and 8.93% above $3,500,000. These brackets have applied since tax years beginning in 2018. The first bracket is low, so a small C corporation can look cheap on paper, though dividends are then taxed again on your return.

Run your Maine numbers

In Maine the S election starts to pay when profit passes the $350,000 line and the C corporation rate jumps to 7.93%. Below it, the 3.5% bracket makes the state side of S and C close, and the federal payroll tax savings carry the decision.


Result

$0LLC tax
$0S-corp tax
$0Costs
Net yearly difference$0

How much would a Maine LLC owner save as an S corp?

Taxed asAt $80,000 profitAt $150,000 profit
Default LLC$11,304self-employment tax $11,304$21,194self-employment tax $21,194
S corp$9,344payroll tax $7,344 + Maine S corp tax $0 + $2,000 payroll and prep$15,770payroll tax $13,770 + Maine S corp tax $0 + $2,000 payroll and prep
C corp$16,949payroll tax $7,344 + Maine tax $1,120 + federal $6,485 + $2,000 payroll and prep$30,029payroll tax $13,770 + Maine tax $2,100 + federal $12,159 + $2,000 payroll and prep

Assumes a 60% salary7 and a single filer. Income tax is left out. C corp dividends are taxed again. We could not confirm on an official Maine source whether a default LLC pays an entity-level tax, so none is shown.

When is the Form 2553 deadline for a Maine LLC, and what if I miss it?

2 mo. 15 daysinto the tax year, for federal Form 2553IRS instructions

Late relief: federal steps, deadline guide.

What to do next

No LLC yet

How to start one, or have us form it from $123.75.

Have an LLC

Registered agent $74.25/yr, annual report.

Ready to elect

LLC vs S corp guide, election deadline, Form 2553 filed for $165.

More on Maine: How to start a Maine LLC · How to start a Maine corporation · Maine LLC cost · Maine annual report · Annual report late fees by state

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Common questions

What is the Maine corporate income tax rate?

Graduated: 3.5% up to $350,000, 7.93% to $1,050,000, 8.33% to $3,500,000, and 8.93% above $3,500,000.

Does Maine tax S corporations?

Generally not on ordinary income. Maine taxes an S corporation only on income federal law taxes at the corporate level under sections 1374 and 1375, such as certain built-in gains.

Does Maine have a separate S election?

Not that we found. Maine ties an S corporation's net income to what federal law taxes at the corporate level, so the federal election is the one that counts.

Does Maine tax my personal income from an S corporation?

Yes. Maine imposes an income tax on the Maine taxable income of every resident individual, so profit that passes through lands on your Maine return.

Sources 8 links, checked Nov 6, 2026
  1. Maine follows the federal S election: for an S corporation, Maine net income is the amount taxable at the federal level under sections 1374 and 1375. legislature.maine.gov, checked Nov 6, 2026
  2. Maine has no separate S election; an S corporation is taxed only on the amount federal law taxes at the corporate level under sections 1374 and 1375. legislature.maine.gov, checked Nov 6, 2026
  3. Maine taxes an S corporation itself only on income federal law taxes at the corporate level under sections 1374 and 1375. legislature.maine.gov, checked Nov 6, 2026
  4. Maine taxes C corporation income at 3.5% up to $350,000, 7.93% from there to $1,050,000, 8.33% to $3,500,000 and 8.93% above $3,500,000, for tax years beginning on or after January 1, 2018. legislature.maine.gov, checked Nov 6, 2026
  5. Maine taxes the income of every resident individual, so S corporation profit is taxed on the owner's Maine return. legislature.maine.gov, checked Nov 6, 2026
  6. IRS: Form 1120 instructions, C corp rate irs.gov, checked Nov 6, 2026
  7. IRS: S corp reasonable compensation irs.gov, checked Nov 6, 2026
  8. IRS: Form 2553 instructions 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.

Last verified Nov 6, 2026.

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