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Can the owner of an LLC pay himself through payroll?

Published in LLC Owner Compensation 4 mins read

Yes, an LLC owner can pay themselves through payroll, but this method is typically reserved for Limited Liability Companies that have elected a specific tax classification with the IRS.

Understanding LLC Owner Compensation

How an LLC owner compensates themselves largely depends on how their LLC is taxed by the Internal Revenue Service (IRS). An LLC offers flexibility in its tax structure, which in turn dictates the permissible methods of drawing income.

Payroll for S-Corp Elected LLCs

Most LLC owners will only use a salary and payroll system to pay themselves if their single-member or multi-member LLC has chosen to be taxed as an S Corporation by the IRS. This election is made by filing Form 2553, Election by a Small Business Corporation.

Under this election, the LLC treats its owner(s) as employees for payroll purposes. This means:

  • The LLC will file a Form 1120-S, U.S. Income Tax Return for an S Corporation annually, alongside the owner's personal Form 1040, U.S. Individual Income Tax Return.
  • The owner receives a W-2 form documenting their salary, just like a regular employee.
  • The LLC is responsible for withholding and remitting payroll taxes (including Social Security and Medicare taxes, often referred to as FICA taxes) on the owner's salary to the IRS.
  • A key benefit of the S-Corp election is that while the owner's salary is subject to payroll taxes, any additional profits distributed from the LLC (beyond the reasonable salary) are generally not subject to self-employment taxes, potentially leading to significant tax savings.

Other LLC Taxation Methods and Owner Compensation

If an LLC does not elect to be taxed as an S Corporation, its default tax classification dictates a different approach to owner compensation:

  • Single-Member LLC (SMLLC): By default, an SMLLC is treated as a disregarded entity for tax purposes, similar to a sole proprietorship. The owner pays themselves through "owner's draws" or "distributions."
    • Profits are reported on Schedule C (Form 1040), Profit or Loss From Business and are subject to self-employment taxes.
    • No W-2 is issued, and no payroll taxes are directly withheld by the LLC. The owner is responsible for paying estimated taxes throughout the year.
  • Multi-Member LLC (MMLLC): By default, an MMLLC is taxed as a partnership. Owners compensate themselves through "guaranteed payments" (a fixed amount paid regardless of profit) or "owner's draws/distributions" (withdrawal of profits).

Comparing Compensation Methods for LLC Owners

The choice of how an LLC owner gets paid significantly impacts tax obligations and administrative burden.

Feature LLC Taxed as S-Corp (Payroll) Default LLC (Owner's Draw/Distribution)
Payment Method Salary paid via payroll, resulting in a W-2 Owner's draws or distributions (no W-2)
Tax Forms Form 1120-S, W-2, Payroll Tax Forms (e.g., 941) Schedule C (SMLLC) or K-1 (MMLLC) on Form 1040
Self-Employment Tax Paid only on the reasonable salary, not on additional distributions Paid on all net profits of the business
Payroll Tax Handling LLC withholds and remits employer and employee portions of FICA Owner pays estimated self-employment taxes directly
Administrative Burden Higher (requires running payroll, filing more forms) Lower (simpler accounting, fewer specific payroll compliance tasks)
Primary Benefit Potential for tax savings on self-employment taxes Simplicity and flexibility

In summary, an LLC owner can pay themselves through payroll, but this setup is primarily relevant and beneficial for LLCs that have elected S-Corporation status for tax purposes.