Wondering whether to form an LLC, S-Corp, or remain a sole proprietor in 2025? Learn which structure offers the best tax benefits and legal protection.
Choosing the right business structure is one of the most important financial decisions you’ll make as an entrepreneur. In 2025, the three most common options remain: LLC, S-Corporation, and Sole Proprietor. But which is right for you?
Your decision affects everything from how much you pay in taxes to your personal liability, growth potential, and even the way you pay yourself.
In this guide, we’ll break down the pros and cons of each structure, compare them side by side, and help you decide what’s best for your business in today’s economic landscape.
Your business structure determines:
Let’s dive into the key features of each structure, updated for 2025.
A sole proprietorship is the simplest and most common way to run a business, especially if you're just starting out. There’s no legal separation between you and your business. That means you’re personally liable for all business debts and obligations
Maria sells custom candles through Etsy. She’s just starting and hasn’t registered an LLC. For now, she operates as a sole proprietor, reporting her profits and expenses on her personal tax return.
Best For: Freelancers, part-time business owners, or low-risk ventures starting small.
An LLC, or Limited Liability Company, is a legal business structure that offers personal liability protection. It’s popular with small business owners because it’s flexible, easy to manage, and provides more legitimacy than a sole proprietorship.
Jordan runs a landscaping business. He forms an LLC to separate his personal assets from the business. As his profits grow, he considers switching to S-Corp taxation to reduce his tax burden.
Best For: Business owners looking for protection, credibility, and flexibility.
📌 Related Resource: How to Choose a Business Structure – SBA.gov
An S-Corporation isn’t a legal business structure by itself—it’s a tax classification. You can elect to be taxed as an S-Corp if you’re an LLC or corporation that meets IRS requirements.
S-Corps can offer major self-employment tax savings because owners only pay payroll taxes on their salary—not on the full business profit.
Alicia owns a profitable online coaching business making over $100,000 a year. By electing S-Corp taxation, she pays herself a $60,000 salary and takes the rest as distributions—saving thousands in payroll taxes.
Best For: Profitable businesses ready for formal structure and tax strategy.
📌 Helpful Resource: IRS – S-Corporations
If you're deciding in 2025, here are some trends to keep in mind:
The IRS is paying closer attention to “reasonable compensation” for S-Corp owners. If you underpay yourself to avoid taxes, you could get audited.
To support small businesses, some states (like Colorado, Iowa, and Kentucky) have dropped or simplified LLC formation costs.
Thanks to platforms like Stripe and LegalZoom, more online startups are forming multi-member LLCs with flexible equity and investor options.
Here are 5 questions to ask yourself:
- Under $30K? Start as a sole proprietor or LLC.
- Over $50K? Consider LLC with S-Corp election.
- If you have any assets or risk exposure: Yes — consider an LLC or S-Corp.
- If not, a sole prop or standard LLC may be best (for now).
- LLCs and S-Corps offer more flexibility and credibility.
- Forming an LLC instantly boosts your legitimacy.
🎨 Scenario 1: Freelancer Graphic Designer
You're making $18K a year and just testing the waters.
Best Option: Sole Proprietor or LLC (no S-Corp yet)
👗 Scenario 2: Boutique Owner Making $60K Net
You're established and want to cut your tax bill.
Best Option: LLC taxed as S-Corp
🍔 Scenario 3: Husband-Wife Team Launching a Food Truck
You want protection and shared ownership.
Best Option: Multi-Member LLC
Choosing between LLC, S-Corp, and Sole Proprietor depends on where you are in your business journey. Each structure has trade-offs in cost, tax strategy, and complexity.
Still not sure which business structure is right for you in 2025?
👉 Book a Free Consultation with our team to get tailored advice and avoid costly mistakes.
Being audited is comparable to being struck by lightning. You don't want to practice pole vaulting in a thunderstorm just because it's unlikely. Making sure your books are accurate and your taxes are filed on time is one of the best ways to keep your head down during tax season. Check out Vincere's take on tax season!
This post is just for informational purposes and is not meant to be legal, business, or tax advice. Regarding the matters discussed in this post, each individual should consult his or her own attorney, business advisor, or tax advisor. Vincere accepts no responsibility for actions taken in reliance on the information contained in this document.
For business tax planning articles, our tax resources provides valuable insights into how you can reduce your tax liability now, and in the future.