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You filed your taxes last April. You wrote a check to the IRS that made your stomach drop. And somewhere between signing it and mailing it, you thought: there has to be a better way.
There is. And it starts with a question most Houston contractors never actually sit down to answer: Is your business structured the right way for where your revenue is right now?
The LLC vs. S-Corp conversation is one of the most common ones we have with construction business owners in Houston and it’s also one of the most misunderstood. Most contractors either default to an LLC because it’s simple, or switch to an S-Corp because someone on a job site told them to. Neither of those is a tax strategy.
Here’s what you actually need to know.
This is the part that trips people up the most.
An LLC is a legal structure. It protects your personal assets your house, your truck, your savings account if your business gets sued or can’t pay its debts. It’s formed under Texas state law.
An S-Corp is a tax election. It’s not a separate entity. It’s a designation you file with the IRS (using Form 2553) that changes how your business income is taxed at the federal level.
Here’s the thing most people don’t realize: you don’t have to pick one over the other. The majority of contractors who benefit from S-Corp tax treatment do it inside an LLC. You form the LLC, then elect S-Corp tax status. You get liability protection from the LLC and tax savings from the S-Corp election.
So the real question isn’t “LLC or S-Corp?” It’s:
“Should my LLC stay taxed as a standard LLC, or should I elect S-Corp treatment with the IRS?”
By default, your single-member LLC is taxed like a sole proprietorship. Every dollar of net profit flows to your personal tax return and gets hit with self-employment (SE) tax at 15.3% — before federal income tax even enters the picture.
Example — Houston contractor netting $150,000/year:
The problem is simple: you’re paying 15.3% on every dollar of profit, whether you take that money home or plow it back into equipment and payroll.
When you elect S-Corp status, you split your income into two buckets:
Same contractor, same $150,000 profit — with S-Corp election:
At $200,000 in net profit, those savings climb past $15,000 annually. Over five years, you’re looking at $75,000+ that stays with your business instead of going to the IRS.
The IRS isn’t going to let you pay yourself $10,000 and take the rest as distributions. S-Corp owners who work in their business must pay themselves a reasonable salary — what you’d pay a third party to do your job.
For Houston contractors, that typically means:
Getting this wrong — paying yourself too little — is the fastest way to attract an IRS audit. Your Construction CPA should document the salary rationale in writing, tied to industry wage data, your hours, and your responsibilities.
Here’s the Texas-specific wrinkle that out-of-state tax blogs never cover.
Texas has no personal state income tax, which is great. But it does impose a franchise tax (also called the margin tax) on most business entities — including both LLCs and S-Corps.
| Rule | Details |
|---|---|
| No-tax-due threshold | $2,650,000 in annualized total revenue |
| Standard rate (above threshold) | 0.75% of taxable margin |
| Filing deadline | May 15, 2026 |
| Below-threshold requirement | Still must file a Public Information Report (PIR) |
The critical detail: Texas completely ignores your federal S-Corp election. Both LLCs and S-Corps are taxed the same way at the state level. Electing S-Corp status saves you on federal SE taxes — it has zero effect on your Texas franchise tax obligation.
If your construction company does exceed $2.65M in revenue, Texas lets you choose whichever of four margin calculation methods produces the lowest number. For contractors with significant materials and subcontractor costs, the revenue-minus-COGS method often wins — but you should run all four before filing.
Bottom line: Even if you owe $0 in franchise tax, you still have to file the PIR by May 15. Missing it risks a penalty and puts your LLC’s good standing at risk — which matters when you’re bidding government or commercial contracts.
The tipping point for most Houston construction businesses is somewhere between $60,000 and $80,000 in annual net profit. Below that, the paperwork costs more than it saves. Above that, it’s usually a clear win.
If you’ve decided to elect S-Corp status, timing matters.
There are late-election relief procedures, but they’re slower and more complicated. The cleanest move is to have this conversation with your CPA in Q3 or Q4, before year-end — not in February when you’re already behind.
No. the S-Corp election applies to a full calendar year. File before March 15 to apply it to the current year.
Expect $2,000–$5,000/year in additional accounting and payroll administration fees. For most contractors above $80,000 net profit, the tax savings easily exceed that cost.
Yes. You must file a Public Information Report (PIR) by May 15 every year, even if you owe $0. Skipping it can trigger penalties and jeopardize your LLC’s good standing.
Typically $65,000–$100,000 depending on your scope of work, hours, and company revenue. Your CPA should document this in writing — it’s your first line of defense in an audit.
Yes. S-Corps allow up to 100 shareholders, all of whom must be U.S. citizens or residents. For most small Houston construction partnerships, this works cleanly. If you plan to bring on investors or have complex ownership splits, discuss it with your CPA first.
If your construction business is netting $80,000 or more a year and you haven’t had a serious entity structure conversation with a CPA, you’re almost certainly overpaying the IRS.
At Jasmine Saluja CPA, we work with Houston-area construction companies, general contractors, subcontractors, and specialty trades to make sure your structure, payroll, and tax filings are actually working together.
In a consultation, we’ll:
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