How to Start and Manage an S Corporation

by Jason Rosen | July 15, 2017 7:48 am

Most entrepreneurs need to evaluate starting or changing their business structure to form an S Corporation. Through an IRS tax election (special tax status), eligible domestic corporations can evade the double taxation system. With the help of Subchapter S designation, traditional corporations can pass through your tax returns. Only shareholders are taxed; however, it is more important to know, whom you work with for the company and whom to pay fair market value as well. You might reclassify corporate earnings as wages so far.

Filing articles of incorporation are of vital importance in this discussion regarding the state in which it is located. Therefore, the certificate of incorporation can be referred to charter documents. Owners of the corporation can lessen overall tax bills subject to payroll taxes.   

Forming an S Corporation

Filing an S corporation[1] considered as a corporation, where all the shareholders must file and sign the form 2553 to become an S corporation. Once you register with the corporation, your business can obtain associated business permits and licenses. In the preceding discussion, registration may vary by industry. By referring to such resources S corps cannot have more than 100 shareholders and must be domestic as well.  If you wish to get detailed information about it, you may refer to Business License and Permits.

S corporation taxes

Recognize the taxes carefully unless and until you go for an S corporation. S corps are not taxed in all states, so it is imperative to recognize the Federal Government and taxes accordingly for the shareholders. In many states, the business of C Corporation and S Corporation are almost similar due to tax ramifications. States like New Jersey and New York, tax on the profit of the S corporation’s shareholders’ shares as well as own corporation. Similarly, there are some other states too that not recognize the tax ramifications. At any time, before the very sixteenth day of the third month, the tax should be completed and filed. Going by this rule, you should bear in mind that some states may also mandate it to apply for a state-level S corporation election after finishing your business.  

As you get a bit knowledge of filing the form 2553, if you want to learn more about your taxes, you may refer to Tax obligations as an S Corporation guide.  

Uniting the Benefits of LLC and S Corporation

You might like to request the Corporation category for an LLC. However, to do so, you need to understand its pros and cons; your attorney can give you some helpful suggestion in this regard. To have the LLC taxed, you should make some special election with the help of IRS. Although LLC continues as a limited liability company, it is considered as a corporation while taxing. From a legal standpoint, you should file the election by making sure the contact of your state.

Advantages of S Corporation

Business expenses– business expenses are the expenses which are incurred by the shareholders. If such shareholders own more than 2% shares, their health or insurance come into the category of taxable income.

Tax savings– the best part of S corporation is the tax savings. The remaining income goes to the business owners as a distribution which can be taxed at a minimum rate.

Independent life- S corp may continue even if its shareholders leave the business. It defines a clear objective regarding the business and shareholders to improve the protection of the latter.

To conclude, starting or managing an S corporation involves careful planning, coupled with an informed decision. Therefore, it is strongly recommended that business owners consult a lawyer for the right legal advice.

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Endnotes:
  1. S corporation: https://www.incfile.com/what-is-s-corporation/

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