Should I File as an S Corp? Understanding S Corporations

An S corporation allows income and losses to pass through to shareholders’ personal tax returns, avoiding double taxation compared to a C corporation. To elect S corporation status, file IRS Form 2553, which must be signed by an authorized officer.

Advantages and Limitations

Advantages:

  • No corporate income tax. Income passes through and is taxed only at the shareholder level.
  • Shareholders have liability protection.
  • Taxation can be favorable for profits over $157,500 (single) or $315,000 (married filing jointly).

Limitations:

  • Must have 100 or fewer shareholders.
  • Owners must be U.S. citizens or residents.
  • Can only issue one class of stock.
  • Some states don’t recognize S corporation status for state taxes.
  • Subject to self-employment taxes.

Consider consulting a business attorney when deciding between business entities.

Deciding on an S Corporation

Is filing as an S Corp worth it? Take a look at the table below to help you estimate how much you could expect to save.

How to Record a Stock Sale?

Step 1 is to revise the stock ledger to reflect the new ownership. A stock ledger has the information of anyone that possesses the S corporation shares.

Tax Reporting

Schedule D is where you’ll report any capital gains or losses your S corporation sustained this year.

Easier Transfer of Ownership

An S corp can transfer all of its ownership interests without negative consequences. If an LLC transfers more than half of its ownership interests, the business could be terminated.

Disadvantages of an S Corp:

Once an S corp election is approved, owners can start properly managing their finances.

The article shares helpful highlights, including the disadvantages and advantages of S corp status.

Tax Comparison: S Corp vs. LLC

  • For state taxes on S Corps, every state has its own laws.
  • Some don’t tax S Corps while others require income tax.

Filing Deadlines

A corporation or LLC must file an S-Corp election within two months and 15 days (~75 days total) of the date of formation for the election to take effect in the first tax year.

Forming an S Corp

To operate your business as an S Corp, you must initially file your company as a regular corporation (C Corp) in your selected state of incorporation.

Tax Classification

An S-corp is a type of corporation that elects to pass corporate income, loss, deductions, and credits to its shareholders.

If your business makes a lot of money, having an S Corp could help you qualify for the tax break of the century.

S Corp Taxation

  1. S corps should be abolished altogether. According to the IRS, only 4% of all corporations are S corps, yet they account for 60% of all corporate tax returns.

But as an LLC/S Corp, you can pay yourself a somewhat modest salary, but the rest of your income is taken as a profit, which is taxed at a lower rate.

S Corp Reporting

Though there are many benefits to operating as an S Corp, you have more responsibilities than an owner of a sole proprietorship or partnership. S corporations must file reports every year with their state showing profits and losses.

Do Chapter Sub S Corps File Personal Tax Returns? S corporations are required to file annual tax returns.

An S corp is a regular corporation that has elected "S corporation" tax status, allowing shareholders to pay income taxes as if they’re a sole proprietor or a partner in a partnership.

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