Texas LLC vs S-Corp: Which Business Structure Is Right for You?

Compare formation costs, tax implications, and operational requirements to make the best choice for your Texas business in 2026.

By Edmond Hui · Last updated: January 2026

LLC vs S-Corp: Side-by-Side

FactorLLCS-Corp
Formation cost$300 state filing fee$300 state filing fee + additional IRS election paperwork
Ownership limitsUnlimited members, any type of ownerMaximum 100 shareholders, US citizens/residents only
ManagementFlexible management structure, minimal formalitiesBoard of directors, officers, regular meetings, corporate minutes
Self-employment taxAll profits subject to 15.3% SE taxOnly salary subject to payroll taxes, distributions tax-free
Payroll requiredNo payroll requirementsMust run payroll for owner-employees with reasonable salary
State taxes in TexasNo state income tax, potential franchise tax if revenue exceeds $1.23MNo state income tax, potential franchise tax if revenue exceeds $1.23M
ComplexitySimple ongoing compliance and record-keepingComplex payroll, tax filings, and corporate formalities
Conversion pathCan elect S-Corp tax status without changing entity structureCannot easily convert to LLC structure

When an LLC Makes More Sense

  • You want maximum flexibility in ownership structure and management decisions
  • Your business income is under $60,000 annually where self-employment tax savings are minimal
  • You prefer simple tax reporting and minimal administrative requirements
  • You want the option to elect S-Corp taxation later without changing your business entity

When an S-Corp Makes More Sense

  • Your business generates over $60,000 in annual profit and you can pay yourself a reasonable salary
  • You're comfortable with payroll requirements and additional tax compliance
  • You want maximum self-employment tax savings through the salary/distribution split
  • You need to attract investors who prefer corporate structure and stock ownership

Tax Deep Dive

Llc Default Tax

Texas LLCs are taxed as pass-through entities by default, meaning all business profits flow through to your personal tax return and are subject to both income tax and 15.3% self-employment tax. Since Texas has no state income tax, you only pay federal taxes on LLC income.

S Corp Tax

S-Corps require owner-employees to take a reasonable salary subject to payroll taxes (15.3%), while additional profits can be distributed tax-free. This creates potential savings on the self-employment tax portion, though you must run payroll and file additional tax forms.

Breakeven Income

In Texas, the S-Corp tax advantage typically becomes meaningful when your business generates $60,000+ in annual profit, allowing you to save on self-employment taxes while meeting reasonable salary requirements for your industry.

Frequently Asked Questions

Next Step
Ready to form? See the step-by-step guide
Continue →

Share this guide

𝕏 Twitterin LinkedInf Facebook