The S Corporation – Frequently Asked Questions

What is an S corporation?

It is a corporation whose profits and losses are taxed to its owners on their personal income tax returns in lieu of being taxed as a corporation.  An S corporation files a tax return on Form 1120S.  Then, the Schedule K-1 is distributed to shareholders.

 Are you eligible?

The IRS has 8 qualifications, including:

  • It must be a domestic corporation
  • It must have no more than 100 shareholders
  • Shareholders are individuals, estates, exempt organizations
  • No foreign investors
  • It has only one class of stock
  • It must use a December 31 year-end.

 Why elect S corporation status?

S corporation status has two benefits.

  1. It avoids the double taxation.
  2. It separates the owners from the business and allowing the owners to be employees

How to elect S corporation status?

By filing IRS form 2553 with the IRS.  However, the election must be made no more than 2 months and 15 days after the beginning of the tax year when the election is to go into effect.

 


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