You withdraw money from your LLC's business account whenever you need personal funds. The LLC doesn't deduct these draws as business expenses since you're essentially taking your own money. Your draws represent your share of the LLC's profits, not wages.
Tax treatment: Owner's draws aren't subject to payroll taxes, but the LLC's profits (whether withdrawn or not) are subject to self-employment tax. Delaware doesn't impose state income tax on LLC profits, so you only pay federal income tax and self-employment tax on your LLC's earnings.
How to do it
Set up separate business and personal bank accounts to maintain clear financial boundaries
Transfer money from your LLC business account to your personal account when needed
Document each draw with the date, amount, and purpose in your accounting records
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Guaranteed Payment
The LLC makes scheduled payments to members for services performed, similar to a salary but with different tax treatment. These payments are guaranteed regardless of whether the LLC is profitable. The LLC deducts guaranteed payments as business expenses, reducing the overall taxable income.
Tax treatment: Guaranteed payments are subject to self-employment tax for the recipient and are deductible by the LLC. Since Delaware has no state income tax, recipients only pay federal income tax and self-employment tax on guaranteed payments received.
How to do it
Document the guaranteed payment arrangement in your LLC operating agreement with specific amounts and payment schedule
Set up regular payments through your business payroll or accounting system
Issue Form 1099-NEC to members receiving guaranteed payments over $600 annually
3
Salary via S-Corp Election
Your LLC elects S-Corporation tax status with the IRS, allowing you to become an employee of your own business. You receive a W-2 salary subject to payroll taxes, plus additional distributions that avoid self-employment tax. This creates potential tax savings on the distribution portion.
Tax treatment: Your salary is subject to payroll taxes (Social Security, Medicare, unemployment), while distributions above your salary avoid self-employment tax. Delaware's lack of state income tax means no additional state tax burden on either salary or distributions, maximizing your federal tax savings potential.
How to do it
File Form 2553 with the IRS to elect S-Corporation tax status for your Delaware LLC
Establish payroll to pay yourself a reasonable salary with proper tax withholdings
Take additional compensation as distributions, which avoid self-employment tax but are still subject to income tax
Delaware Tax Notes for LLC Owners
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Income Tax
Delaware does not impose state income tax on LLC members, making it a tax-friendly state for business owners who only pay federal income taxes on their LLC earnings.
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Self-Employment Tax
Delaware LLC owners are subject to federal self-employment tax (15.3%) on their share of LLC profits, regardless of whether they take owner's draws or leave profits in the business.
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Estimated Taxes
Delaware LLC owners must make quarterly estimated federal tax payments if they expect to owe $1,000 or more in taxes. Since Delaware has no state income tax, you only need to calculate and pay federal estimated taxes on your LLC income.
Common Mistakes to Avoid
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Mixing personal and business funds by using the business account for personal expenses instead of taking formal owner's draws, which can jeopardize your LLC's liability protection and complicate tax filing.
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Failing to pay quarterly estimated taxes on LLC profits, leading to penalties and interest charges from the IRS since LLC income isn't subject to automatic tax withholding.
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Not properly documenting owner's draws and payments with dates, amounts, and purposes, making it difficult to track business finances and prepare accurate tax returns.
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Over-paying yourself when the business can't afford it or under-paying yourself relative to market rates for your work, both of which can harm business operations and tax planning.