StructureCost2026

Sole proprietorship vs S corp in Virginia: which costs less (2026)

At $100,000 profit in Virginia, a sole proprietorship costs $26,895 a year in tax and fees and an LLC taxed as an S corp costs $21,920. An LLC taxed as an S corp starts to cost less from about $50,000 of profit.

More settings revenue, salary, filing status, payroll costs, PTET

$4,975 a year

saved by switching from a sole proprietorship to an LLC taxed as an S corp in Virginia, at these numbers.

Switching from a sole proprietorship to an LLC taxed as an S corp starts to pay at about $50,000 of profit, with the same settings. Setting up costs $100 once in state filing fees. As an LLC taxed as an S corp this uses the state's pass-through entity tax election, which lowers the cost here.

Virginia, 2026: $100,000 profit, single filer

ItemSole propLLC as S corpChange
Self-employment taxirs.gov, 2026 rates$14,130$0−$14,130
Federal income taxirs.gov, 2026 rates$8,235$9,068+$833
State income tax, after the PTET creditlaw.lis.virginia.gov, checked Oct 23, 2026$4,530$1,486−$3,044
Annual Registration Feelaw.lis.virginia.gov, checked Oct 23, 2026$0$50+$50
Payroll tax on your salaryirs.gov, 2026 rates$0$6,362+$6,362
Payroll service and tax return (estimate)$0$1,800+$1,800
Virginia pass-through entity tax, paid by the company (elected)tax.virginia.gov, checked Oct 23, 2026$0$3,154+$3,154
Yearly cost$26,895$21,920−$4,975
What these figures count
  • State income tax, and state taxes on the business itself: franchise, LLC, S corp, gross receipts and excise taxes.
  • Social Security and Medicare on both sides of an owner salary, federal unemployment tax and the state's new-employer rate.
  • The 20% qualified business income deduction with its income limits and the professional-service rule.
  • Yearly report fees, and a cost you can change for payroll and the business tax return.

Many S corp calculators leave out state taxes and the QBI deduction, which can make the election look better than it is.

Yearly cost at each profit level

ProfitSole propLLC as S corpDifference
$30,000$5,970$7,399+$1,429
$50,000$11,590$11,324−$266
$75,000$18,689$15,023−$3,666
$100,000$26,895$21,920−$4,975
$150,000$44,809$36,910−$7,899
$200,000$63,304$52,709−$10,595
$300,000$107,672$86,655−$21,017

Federal and Virginia tax and fees, single filer, revenue 1.5 times profit, default salary for S and C corps. "Difference" is LLC taxed as an S corp minus Sole proprietorship.

What the switch takes in Virginia

  1. File the Articles of Organization (Form LLC-1011) with the state: $100 (fee).
  2. Get an EIN from the IRS (free, online) and open a business bank account in the new name.
  3. Check the business can elect: no more than 100 shareholders, all of them US citizens or residents (no nonresident alien owners), and one class of stock. IRS
  4. File IRS Form 2553 to elect S corp tax treatment, within 2 months and 15 days of the start of the tax year it should apply to. See how the S corp election works.
  5. Register with Virginia as an employer and run payroll for your own salary: federal Forms 941 each quarter, Form 940 and a W-2 each year. New employers pay Virginia unemployment tax at 2.5% on the first $8,000 of wages. law.lis.virginia.gov See what payroll costs.
  6. Federal return each year: Form 1120-S, due March 15, plus your own Form 1040.
  7. State upkeep each year: Annual Registration Fee, $50 a year, due Last day of the anniversary month of formation.

What changes between the two

A sole proprietor pays self-employment tax of 15.3% on 92.35% of all profit, up to the Social Security wage base of $184,500. Taxed as an S corp, the business pays you a salary, and only the salary carries Social Security and Medicare tax. The rest comes out as a distribution.

The election adds costs: a payroll service, a separate business tax return (Form 1120-S), federal and Virginia unemployment tax on the salary. The calculator counts $1,800 a year for payroll and the return. The IRS expects a reasonable salary for the work, so it cannot be set near zero.

A sole proprietor cannot elect S corp status alone: forming an LLC first ($100 in Virginia) and electing on Form 2553 is the usual route.

Questions

At what profit does an S corp election pay in Virginia?

About $50,000 a year, on the default salary (40% of profit, at least $30,000 where profit allows) and $1,800 of yearly payroll and return costs. Change the salary in the calculator to see how the point moves.

How much does it save at $100,000 in Virginia?

$4,975 a year: Sole proprietorship $26,895, LLC taxed as an S corp $21,920.

Does Virginia recognise the S corp election?

Yes. No separate state form is needed.

More for Virginia

Common cases in Virginia

Other states