Does Illinois Recognize S Corporations?

Benefits of an S Corporation in Illinois

S corporations in Illinois provide limited liability protection for shareholders. They offer tax benefits that help owners who take annual distributions.

Forming an S Corporation in Illinois

To start an S Corporation in Illinois, form a standard corporation first, elect S corporation status with the IRS, and file incorporation documents with the Illinois Secretary of State.

How to Form a Corporation in Illinois

  1. Choose a name with required words like Corporation or Incorporated.
  2. Appoint a registered agent with an in-state address.
  3. Prepare bylaws and appoint initial directors.
  4. Hold a board meeting and issue stock to shareholders.

States and S Corporation Recognition

States that Do Not Recognize S Corporation Status

  • Tennessee does not recognize the federal S corporation election at the state level.
  • Some states, like Colorado, recognize the federal S election but do not require S corporations to pay state taxes.

S Corporation Features and Tax Implications

  • An S Corporation provides liability protection and credibility while avoiding self-employment taxes.
  • S Corporation owners are considered employees and can access certain benefits such as tax-favored stock options, insurance, profit-sharing, and retirement plans.
  • S Corporations pass income, losses, deductions, and credits to shareholders, helping to avoid double taxation of income.

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