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The Daily Horizon

Should a restaurant be an S Corp?

Author

Matthew Underwood

Published Jan 09, 2026

What corporate structure should I choose? You have five basic choices: a sole proprietorship, a partnership, a limited liability company or a corporation–either an S corporation or a C corporation. Restaurants–and most small businesses, for that matter–should choose an LLC structure.

Is a restaurant a sole proprietorship?

Though they have many similarities, sole proprietorship restaurants and LLCs differ. You and your restaurant are the same legal entity when you own a sole proprietorship; an LLC provides your business a separate legal entity.

Are most restaurants LLC or S Corp?

The majority of LLCs select the S corporation option. However, sometimes the C corporation is chosen to funnel tax-free profits back into the entity in order to save money.

What type of business are most restaurants?

Sole proprietorship is one of the most popular business types in the foodservice industry, and it’s when a business is owned by a single individual. Sole proprietorship has a simple structure, and it’s common among small restaurants and family-owned businesses.

Can a husband and wife own a fast food restaurant?

A husband and wife own a fast food restaurant. Ownership is an even 50% split between the two of them. The husband and wife also have ownership in a different fast food restaurant. The split there also is 50/50.

What did my husband do with his business?

He never paid anything to purchase it and the company makes less money than it did before he started. He put no effort into the business other than showing up for work and servicing the accounts as any employee would have. He did nothing to act as a partner in the business at all.

Can you own a business with your spouse?

However, if you own a business with your spouse, you must make sure that you both benefit from the tax advantages, not just one of you. Many joint-venture couples make the mistake of filing tax returns that show either the husband or the wife as the business owner, thus missing out on tax breaks they both could receive.

Is the owner of a s Corporation a self employed person?

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.