# LLC, S-corp, or sole proprietor: when to actually incorporate > The LLC protects your house. The S-corp saves on taxes. They answer two different questions, and most owners don't need either one on day one. Source: https://toolbagcrm.com/blog/when-to-incorporate-llc-s-corp-or-sole-proprietor/ Author: The Toolbag Crew Updated: 2026-10-10 Form the LLC when the work gets risky, elect the S-corp when the profit gets real. Most people start a trade as a sole proprietor without ever deciding to. You do a job, you get paid, and that’s it, you’re a sole proprietor. No form to file. The real question isn’t whether to start that way. It’s spotting the point where staying that way starts costing you money, or putting your house on the table every time you take a job. ## Sole proprietor: the default, and fine for a while A sole proprietor is just you, doing business as you. No line between the person and the company. The upside is how little there is to it. Nothing to file, nothing to keep up, and your taxes are one Schedule C stapled to your personal return. Cheap and simple. Here’s the catch. There’s no wall between the business and your own stuff. A job goes bad, a customer sues, somebody gets hurt on your watch, and they can reach your personal savings and, in a rough case, the house you live in. The business is you, so your money is the lawsuit’s money too. For somebody mowing lawns on weekends, that risk is small. For a plumber working inside people’s walls, it isn’t. ## What an LLC actually buys you An LLC puts a wall up. On paper the company becomes its own thing, separate from you. Somebody sues the business, and in most cases they get at the business’s money, not your personal savings. That wall is the entire point of forming one. It’s called limited liability, and it’s why “LLC” hangs off the end of so many trade company names. It is not a tax move, though plenty of people treat it like one. By default the IRS taxes an LLC exactly like a sole proprietor: everything flows to your personal return, same Schedule C, same self-employment tax. You get the legal protection and your taxes don’t change at all. Forming one costs a little, most states charge a small yearly fee, and you have to actually keep business and personal money apart for the wall to hold up. Run everything through your personal checking and a lawyer will argue the wall was never real. ## The S-corp is a tax move, not a company type This one trips up everybody, so here’s the short version. An S-corp is not a kind of business. It’s a tax election you file with the IRS, usually sitting on top of an LLC you already have. You stay an LLC on paper. You’re just telling the IRS to tax you a different way. Why bother? Self-employment tax. As a sole proprietor or a plain LLC, you pay roughly 15 cents on every dollar of profit toward Social Security and Medicare. An S-corp lets you split your take into a salary and a distribution, and you only pay that tax on the salary half. On real profit, that gap adds up fast. It isn’t free money, though. You have to run actual payroll, pay yourself a salary the IRS considers reasonable, and your bookkeeping gets heavier. Most accountants will tell you the math only starts working once the business clears a steady profit well above what you’d pay yourself in wages. Under that, the extra cost and hassle eat the savings whole. Get your accountant to run your real numbers before you elect it. ## When to make the jump Nobody has to incorporate on day one. Good businesses run for years as a sole proprietor and never once regret it. A few things, though, should knock you off the fence. - You work inside people's homes or on their property, where one bad job turns into a real claim. Wiring, gas, water, roofs, anything where a mistake gets expensive. - You've hired, or you're about to. More people on the payroll means more risk, and more reason to keep the business walled off from your personal life. - You're clearing real, steady profit, enough that the S-corp payroll math might finally pencil out. - A client or a general contractor won't put you on the job unless you're an LLC. Commercial work especially. - You'd just sleep better knowing the house isn't on the line every time you say yes to a customer. > The LLC protects your house. The S-corp saves on taxes. Two different decisions that happen to get made around the same time. ## Whatever you pick, the paperwork follows you now The day you form an LLC, a new rule kicks in. Business money and personal money stay apart, full stop. Separate bank account, separate card, clean books. That wall only protects you if you treat it like a real wall. The owner who runs the whole business through a personal checking account has an LLC on paper and nothing underneath it. Keep operational records in ToolbagCRM: customers, jobs, invoices, and payments. Business formation, tax filing, and bank reconciliation remain separate work. Unlimited users means you can give authorized office staff access without adding a seat fee. Free and Founders include unlimited users. [See plan terms, plug-in slots, and payment fees.](https://toolbagcrm.com/pricing/) > This is general guidance, not legal or tax advice. Business structure rules and tax treatment vary by state and change over time, so confirm your own situation with a CPA or an attorney before you file or elect anything. - [get started](https://app.toolbagcrm.com/) - [HVAC CRM](https://toolbagcrm.com/crm-for-hvac/) - [Plumbing CRM](https://toolbagcrm.com/crm-for-plumbers/) - [Electrician CRM](https://toolbagcrm.com/crm-for-electricians/) - [Roofing CRM](https://toolbagcrm.com/crm-for-roofers/) - [Handyman CRM](https://toolbagcrm.com/crm-for-handymen/) ## Frequently asked questions ### Should I start my trade business as an LLC or a sole proprietor? Many trades start as a sole proprietor because there's nothing to file, but the moment you're working inside people's homes, have hired, or have real assets to protect, an LLC's liability wall is usually worth the small filing cost. The riskier the work, the sooner an LLC makes sense. ### What's the difference between an LLC and an S-corp? An LLC is a legal structure that separates the business from you personally. An S-corp is a tax election you make with the IRS, often on top of an existing LLC, so you can save on self-employment tax. One protects your assets, the other changes how you're taxed. ### When does an S-corp make sense for a contractor? Generally once the business clears a steady profit well above a reasonable salary for your work, because the self-employment tax savings then outweigh the cost of running payroll and heavier bookkeeping. Have your accountant run your actual numbers before electing it. ### Does an LLC protect my personal assets? It can, but only if you keep business and personal money strictly separate, with its own bank account and clean books. Run everything through a personal account and a court can decide the protection was never real. ## Related resources - [How to start a trade business: the first 90 days](https://toolbagcrm.com/blog/how-to-start-a-trade-business-first-90-days/) - [Licenses and permits before your first job](https://toolbagcrm.com/blog/licenses-and-permits-before-your-first-job/) - [Bookkeeping for trades: what to track and ignore](https://toolbagcrm.com/blog/bookkeeping-for-trades-what-to-track-and-ignore/) - [Founders pricing](https://app.toolbagcrm.com/)