Business Owner or Employee? You Need to Know the Difference (2024)

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In This Article

  • Ownership vs. Self-Employed
  • How Business Owners Get Paid
  • The IRS Decides Ownership

Business Owner or Employee? You Need to Know the Difference (1)

You may have established your business, been one of the founders or fronted all the finances for the startup. But how you pay yourself and how you pay taxes may not be what you think. Before you start taking money from your business and paying taxes, look at how the Internal Revenue Service (IRS) views business ownership.

How a business is owned and taxed may help you decide which form of business is right for you.

Key Takeaways

Business owners don't get a paycheck or pay taxes as an employee unless they do work as an employee in addition to their business ownership. As a business owner (except for corporate shareholders) you aren't taxed on the money you take out of the business. You are taxed on the net income (profits) of your business. Shareholders of a corporation are taxed on the dividends they receive.

Business Ownership vs. Self-Employed

All self-employed people are business owners, but not all business owners are self-employed. Here's why:

The IRS defines someone as being self-employed if they:

  • Carry on a trade or business as a sole proprietor or independent contractor
  • Are a member of a partnership that carries on a trade or business, or
  • Are otherwise in business for themselves, including a part-time business. 

This definition of being self-employed also includes owners of a limited liability company (LLC), because they are taxed as sole proprietors (single-member LLC) or partners (multiple-member LLC).

Shareholders of corporations are not considered self-employed.

Owners of S corporations are not self-employed, because they don't pay self-employment tax (Social Security and Medicare tax) on their distributions from the business.

How Business Owners Take Money From Their Business

Many business owners believe they take money from their business as a "paycheck" or "salary." But that's not how the IRS sees it. Business owners take either a draw or a distributive share.

A draw is money owners take from their business, moving that money into their personal account. 

A distributive share is the share of income available to partners (and multiple-member LLC owners). This amount is determined by the partnership agreement or LLC operating agreement. 

Corporate shareholders take money from their businesses as dividends. Dividends are payments of corporate profits to shareholders. The board of directors determines the timing and amount of dividends. 

The IRS Decides Ownership

The IRS has spelled out in their regulations the way business owners are taxed based on the type of business and the owner's position in the firm. Business owners can be taxed through their personal tax returns or they can be taxed on dividends they receive.

Business TypeHow Owner Pays TaxesSelf-employed? (Pays Self-Employment Tax)How Owner Takes Money from the Business
Sole ProprietorSchedule C on Form 1040/1040-SRYesOwner draw
Single-Member LLC OwnerSchedule C on Form 1040/1040-SRYesOwner draw
PartnerSchedule K-1 on Form 1040/1040-SRYesDistributive share
Multiple-Member LLC OwnerSchedule K-1 on Form 1040/1040-SRYesDistributive share
S corporation OwnerSchedule K-1 on Form 1040/1040-SR / May also be an employeeNoDistributive share
Corporation ShareholderTaxed on dividends receivedNoDividends

Sole Proprietors

A sole proprietorship is a business in which you are the only owner. There are no partners involved. A sole proprietor takes income from the business by is required to report the business income or losses on their personal income tax. Sole proprietors calculate their business taxes on Schedule C and include that income on their tax return, Form 1040 or 1040-SR (for seniors). 

Partners in a Partnership

A partnership is a business in which two or more people have agreed to work together to run a company. Partners are regarded as owners of their business. Partners in this type of business are responsible for reporting the amount of taxable income from the business on their personal income tax.

Each partner's tax is determined is calculated and reported on Schedule K-1as part of the owner's tax return. 

Limited Liability Company Members

A Limited Liability Company (LLC) is a company that is registered with the respective state's office of the Secretary of State. Since the LLC isn't recognized by the IRS as a taxing entity, LLC's pay tax as other business types:

  • Multiple-member LLC owners pay taxes in the same way as partners in a partnership.
  • A single-member LLC pays taxes in the same way as a sole proprietor.

Note

An LLC may also elect to be taxed as a corporation or S corporation. In this case, the operations of the company stay the same, but the business pays taxes in the same way as the corporation or S corporation, whichever is elected.

Corporate Shareholders

A corporation is also registered with the state they operate in. It is regarded as a legal entity, similar to the way in which a person is regarded as a legal entity, and is taxed as an entity.

If you own shares in the company, you are a shareholder and you receive your share of profits as dividends. These dividends are taxed in the year they are received. 

if you also work in the firm, as an executive, for example, you are an employee and are responsible for reporting income tax on any salaries, wages, and interest on shares.

S Corporation Shareholders and Employees

An S corporation is a special kind of corporation with specific restrictions on ownership. An S corporation is formed by a corporation that elected to be taxed as an S corporation. S corporation owners may receive money in two ways:

  • As shareholders, owners receive distributions from the profits of the company.
  • Some S corporation owners work in the business, and they are taxed as employees for this work. 

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Sources

The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

  1. IRS. "Self-Employed individuals Tax Center." Who is Self-Employed? Accessed Apr. 8, 2020.

  2. IRS. "Instructions for Form 1120-S U.S. Income Tax Return for an S Corporation." Schedules K and K-1 (General Instructions. Purpose of Schedules. Page 21. Accessed Apr. 14, 2020.

  3. Cambridge Dictionary. "Drawing Account." Accessed Apr. 14, 2020.

  4. Cornell Legal Information Institute. "26 U.S. Code § 704. Partner’s distributive share." Accessed Apr. 14, 2020.

  5. Cornell Legal information institute. "Dividend." Accessed Apr. 14, 2020.

  6. IRS. "Sole Proprietorships." Accessed Apr. 14, 2020.

  7. IRS. "Partnerships." Accessed Apr. 14, 2020.

  8. IRS. "Limited Liability Company (LLC)." Accessed Apr. 14, 2020.

  9. IRS. "Forming a Corporation." Accessed Apr. 14, 2020.

  10. Cornell Legal Information Institute. "S corporation." Accessed Apr. 14, 2020.

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Business Owner or Employee? You Need to Know the Difference (2024)

FAQs

What is the difference between a business owner and an employee? ›

An entrepreneur makes their own decisions, has the freedom to choose where, when and how long they work. Entrepreneurs can even decide their own holidays as they want or need. An entrepreneur effectively decides the salary they are happy with. Employees break down after failure.

Should I be a business owner or an employee? ›

You have the potential to earn more money as a business owner than you would as an employee. This is because businesses are constantly growing, which means that there is always room for improvement. Additionally, being self-employed allows you to set your own hours and work from home if you want to.

What are some of the differences between owning your own business and working for someone else? ›

For many business owners, running their own company makes them feel liberated, excited and gives them a profound sense of achievement. However, working for someone else's company also has its perks, like job security, less financial concerns and stability.

Why is it important to distinguish between an employee and an independent contractor? ›

Determining whether a worker is an independent contractor (IC) or an employee is important because it determines whether payroll taxes (income taxes and FICA taxes) are withheld from the person's payment.

What is the difference between employee mindset and business mindset? ›

Overall, the business mindset is about taking action and being proactive. The employee mindset is more about following instructions and being reactive. This can lead to different results in terms of creativity, productivity, and success.

What it means to be an employee owner? ›

Employee ownership is a term for any arrangement in which a company's employees own shares in their company or the right to the value of shares in their company. Employee ownership is a broad concept that can take many forms, ranging from simple grants of shares to highly structured plans.

Should I pay myself as a business owner? ›

Paying yourself consistently is essential as it allows you to stay on top of your personal finances while running your business. Consider your own salary or draw as a regular operating expense — not just something that happens if and when you make a profit.

Who should be a business owner? ›

A business owner is someone who owns a business that offers a product or service that benefits its customers. Business owners typically have a thorough understanding of their industry and know who they should market their products to from the time they start running their business.

Why being a business owner is better? ›

In spite of high financial risk, running your own business gives you a chance to make more money than if you were employed by someone else. Learning opportunities. As a business owner, you'll be involved in all aspects of your business. Creative freedom and personal satisfaction.

What are some of the major differences between being an employee and an entrepreneur? ›

Employees execute tasks while entrepreneurs plan. An employee can take work day by day, whereas an entrepreneur has to consider how well the tasks are being performed relative to the long-term plan for the business.

Would you prefer being an employee of another person's business or owning your own why? ›

Owning your own business provides you with full control over every aspect of your company and allows you to structure your work environment the way you want it. Rather than having to report to someone else or follow preexisting rules and policies, you're able to make those decisions yourself.

How would you describe the difference between a business owner and entrepreneur? ›

Entrepreneurs are the founders and creators of new products or services, while small business owners start a type of business that already exists within the marketplace. For example, an entrepreneur starts a revolutionary new type of equipment to cut hair, whereas a business owner opens a haircutting salon.

What is the most important question to consider when determining whether a person is an employee or an independent contractor? ›

The basic test for determining whether a worker is an independent contractor or an employee is whether the principal has the right to control the manner and means by which the work is performed.

What are three key differences between employees and independent contractors? ›

There are many financial benefits to engaging independent contractors, including not having to provide traditional benefits such as health insurance, stock options, or retirement plans. Independents also do not receive the same legal protections—unemployment, anti-discrimination, and Workers' Compensation—as employees.

Why is it important to determine whether a worker is an employee? ›

Whether someone who works for you is an employee or an independent contractor is an important question. The answer determines your liability to pay and withhold Federal income tax, social security and Medicare taxes, and Federal unemployment tax.

Is a business owner considered an employee? ›

Business owners and their partners are not typically considered employees of their business. To count yourself as an employee, you must receive some type of regular wage. Whether this is an option depends on your business structure.

Are you a business owner or 1099 employee? ›

Do All Small Business Owners Get a 1099? You'll only receive a 1099 form if you worked for someone as an independent contractor. Note: People selling products to customers don't receive a 1099 form, only those who perform services or work for a customer or client will report their earnings on the form.

Are you considered employed if you are a business owner? ›

If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. For more information on your tax obligations if you are self-employed (an independent contractor), see our Self-Employed Individuals Tax Center.

Does business owner mean self-employed? ›

All business owners are self-employed, but not all self-employed are small business owners. While being self-employed is defined as being your own boss, being a small business owner is simply characterized by having others work for you. As a small business owner, you can hire independent contractors or employees.

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