Capital · Corporation

Pick the entity your business actually needs.

A plain-English quick-start on sole prop vs LLC vs S-corp for real estate agents — so you can walk into your CPA meeting with the right questions.

Not legal or tax advice. This is general education for real estate agents. Every entity and election decision must be confirmed with a CPA and, where required, a licensed attorney in your state.
The three shapes

The basics, side by side.

Sole Proprietor
Default if you do nothing
Where it helps
  • Simplest to run — no formation
  • Income flows straight to your 1040
What to watch
  • No liability separation from the person
  • Self-employment tax on 92.35% of net earnings, with the Social Security portion capped at the annual wage base
  • Business + personal credit are one file
LLC
Most common first step
Where it helps
  • Liability separation between owner(s) and the business
  • Flexible tax treatment (default pass-through)
  • Cleaner path to a business bank account and D-U-N-S
What to watch
  • State filing fees + annual franchise taxes vary
  • Still self-employment tax on net income by default
  • Operating agreement matters, especially with a partner
S-Corp Election
Tax election, not an entity
Where it helps
  • Split income into reasonable W-2 salary + distributions
  • Can reduce self-employment tax at higher net-income levels
  • Layered on top of an LLC or corp — not a separate entity
What to watch
  • Payroll compliance is mandatory (W-2, filings, deadlines)
  • 'Reasonable salary' is defined by the IRS, not by you
  • Only makes sense above a certain net income — ask your CPA
California licensees — read this

Agents: California has specific rules about licensed corporations and how commissions are paid — we'll point you to the right questions for your CPA and attorney.

Questions to bring to your professionals:
  • Does my brokerage recognize licensed corporate structures for commission payments?
  • What DRE filings are required to have commissions paid to an entity vs. to me personally?
  • Which officers/shareholders must themselves hold a real estate license?
  • How does an S-corp election interact with brokerage payout paperwork?
Formation readiness

Show up to your CPA already prepared.

  • Chosen a business name that matches across state filing, DBA, and bank
  • Registered agent identified (you, a partner, or a paid service)
  • State formation fees vary — check your state's current filing fee before budgeting.
  • EIN application ready to submit at IRS.gov (free)
  • Business bank account opened immediately after EIN
  • Bookkeeping tool selected before the first transaction
  • CPA identified for tax setup and S-corp timing decision
  • Attorney identified for operating agreement + real estate licensee rules
Disclosure

Education only. We are not a credit repair organization and never charge for credit advice. Funding referrals may earn us a fee only if you receive funding — it never increases your cost. The funding partner you're referred to may also receive their own commission or fee as part of the transaction. Any such fees are part of standard funding-industry compensation and are disclosed by the funding partner directly. Never borrow to buy marketing. Results vary; leverage carries risk.

This program is for building toward a purchase or growing a business. It is never offered as foreclosure or mortgage-default help. If you are behind on your mortgage, we can only assist as your licensed real estate agent.

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