LLC or S corp for a truck driver in West Virginia (2026)
A truck driver in West Virginia with $60,000 of profit pays $13,724 a year in tax and fees as a sole proprietor and $14,211 as an LLC taxed as an S corp, with a $42,000 salary. The S corp starts to pay at about $282,500 of profit.
+$487 a year
more for an LLC taxed as an S corp than a sole proprietorship in West Virginia, at these numbers.
Switching from a sole proprietorship to an LLC taxed as an S corp starts to pay at about $282,500 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.
West Virginia, 2026: $60,000 profit, single filer
| Item | Sole prop | LLC as S corp | Change |
|---|---|---|---|
| Self-employment taxirs.gov, 2026 rates | $8,478 | $0 | −$8,478 |
| Federal income taxirs.gov, 2026 rates | $3,559 | $4,020 | +$461 |
| State income tax, after the PTET credittax.wv.gov, checked Oct 23, 2026 | $1,687 | $1,061 | −$626 |
| Annual Reportsos.wv.gov, checked Oct 23, 2026 | $0 | $25 | +$25 |
| Payroll tax on your salaryirs.gov, 2026 rates | $0 | $6,725 | +$6,725 |
| Payroll service and tax return (estimate) | $0 | $1,800 | +$1,800 |
| West Virginia pass-through entity tax, paid by the company (elected)tax.wv.gov, checked Oct 23, 2026 | $0 | $580 | +$580 |
| Yearly cost | $13,724 | $14,211 | +$487 |
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.
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At three profit levels
| Profit | Sole prop | LLC | LLC as S corp | C corp |
|---|---|---|---|---|
| $40,000 | $8,381 | $8,399 | $9,205 | $10,607 |
| $60,000 | $13,724 | $13,742 | $14,211 | $16,362 |
| $90,000 | $22,258 | $22,274 | $22,322 | $26,892 |
Salary is the BLS median for the job ($58,640), capped at 70% of profit. Revenue 6.8 times profit. Single filer.
What matters for truck drivers
- This work is not a specified service trade or business, so the 20% QBI deduction stays available above the income limit, subject to the wage limit. Trucking is not a listed field in Treas. Reg. 1.199A-5(b)(2). law.cornell.edu
- Pay figure is for employed heavy truck drivers; owner-operators carry fuel, truck payments and heavy vehicle use tax (Form 2290), so revenue is many times profit. irs.gov, 2026 rates
What the switch takes in West Virginia
- File the Articles of Organization (Form LLD-1) with the state: $100 (fee).
- Get an EIN from the IRS (free, online) and open a business bank account in the new name.
- 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
- 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.
- Register with West 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 West Virginia unemployment tax at 2.7% on the first $9,500 of wages. wvlegislature.gov See what payroll costs.
- Federal return each year: Form 1120-S, due March 15, plus your own Form 1040.
- State upkeep each year: Annual Report, $25 a year, due June 30 (filing window January 1 to June 30, starting the year after formation).
Questions
Should a truck driver in West Virginia form an S corp?
At $60,000 of profit, not on these figures: the S corp costs $487 a year more than staying a sole proprietor.
Is an LLC worth it for a truck driver in West Virginia?
For tax, a single-member LLC changes nothing: $13,742 a year against $13,724, the difference being West Virginia's LLC fees. It separates business liability and is the base for an S corp election.
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