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LLC or sole proprietor?

Taxes, liability, the independence test and running costs — what is actually being compared when you choose a legal form, and when each option is the right one.

Updated: July 2026

The short answer

If your priority is the lowest tax and you work alone — a sole proprietorship (flat-rate while you qualify, personal salary afterwards). If protection of personal assets, partners, investors or stepping outside the independence test matter — an LLC. Now the detail.

Sole proprietor

  • Registered in a day or two, low costs
  • Flat-rate (a fixed amount) or personal salary (10% on profit)
  • Money is withdrawn with no further tax
  • Liable with all personal assets
  • Subject to the independence test

LLC (d.o.o.)

  • A separate legal entity — limited liability
  • 15% profit tax + 15% dividend tax
  • Minimum share capital of RSD 100
  • Not subject to the independence test
  • Room for partners, investors and a team

Taxes: what is actually being compared

A sole proprietor on a personal salary pays 10% on profit — and that is the end of it: the remainder is withdrawn freely. An LLC pays 15% on profit, and when the owner wants to pay it out as a dividend, a further 15% (a dividend is only possible out of realised profit). For the same profit fully distributed to the owner, an LLC is noticeably more expensive — that is the price you pay for limited liability and flexibility.

Flat-rate tax is a different story: a fixed monthly amount independent of earnings, but capped by the RSD 6 million limit and a list of excluded activities. Check the approximate amount in our flat-rate tax calculator.

Liability and risk

A sole proprietor is liable for the obligations of the business with all of their personal assets — even after the business is closed. An LLC is liable with its own assets, and the founder as a rule only up to the value of their contribution. For activities with genuine risk — larger contracts, goods, employees, potential damages — this often matters more than the tax difference.

The independence test as a deciding factor

If you work mainly for one client — typical in IT — check the independence test before choosing a form. The test applies to all sole proprietors, both flat-rate and personal salary; only an LLC is outside its scope. Where the risk is high, an LLC is often the only long-term peaceful solution, despite the higher tax.

Administration and costs

A flat-rate sole proprietor has minimal administration — just the KPO book. A sole proprietor keeping ledgers and an LLC both maintain full business ledgers; there is a difference in accounting fees, but it is smaller than people assume. An LLC additionally files annual financial statements with the APR. How we build a price in each case is set out on the pricing page.

Frequently asked questions

What is the minimum share capital for an LLC in Serbia?

From RSD 100 — capital is not an obstacle to founding an LLC. Registration and running costs are what actually get compared.

Does an LLC pay more tax than a sole proprietor?

On distributing profit to the owner — yes: an LLC pays 15% profit tax plus 15% dividend tax, while a sole proprietor on a personal salary pays 10% on profit and withdraws the money with no further tax. But an LLC is not subject to the independence test and protects personal assets, so the decision is not purely a tax one.

Does the independence test apply to an LLC?

No — an LLC is not subject to the independence test. The test applies to all sole proprietors: both flat-rate and personal salary.

Can I convert from a sole proprietorship to an LLC later?

Yes — this is a common move and it is done to a plan: the LLC is founded, the business and contracts are transferred, and the sole proprietorship is closed or made dormant. We manage the whole procedure.

Still weighing it up?

This is a decision made once, and with numbers — not on forums. Tell us your activity, expected revenue and plans, and we will tell you what pays off and why. We then handle the entire registration.

Book a consultation +381 21 422-690

Note: this content is informational and does not constitute legal or tax advice.