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Filing first corporation tax

Hello.Question, for a single member corporation with a first year loss. Should the tax return be filed as C or begin S corp election and be taxed as so? Which would be the more beneficial and not having any repercussions. Thank you

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Filing first corporation tax

Are you fling a return for the 2019 calendar year? If so, you should be aware that either return would be considered late at this point (Form 1120-S, for an S corporation was due March 16th).

 

Further, Form 2553, the form used by an entity to elect to be treated as an S corporation, is also late (although there are late filing relief provisions).

 

See https://www.irs.gov/instructions/i2553#idm139773190567344

 

 

Further still, you might want to review the information available at the IRS site regarding S corporations (link below).

 

See https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations

 

 

Finally, you should seek professional legal and tax guidance with respect to this decision. Basically, S corporations are pass-through entities (all of the income, deductions, credits, etc. are passed through to the shareholders) and, thus, are not taxed directly while C corporations are entirely not pass-though entities and, consequently, are taxed directly. The result, essentially, is that, as the sole shareholder of a C corporation, you could be confronted with double taxation (the corporation is taxed on its net income and then distributions from earnings and profits are generally taxed as dividends).

 

Again, consult, in-person, with tax and legal professionals.

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1 Reply

Filing first corporation tax

Are you fling a return for the 2019 calendar year? If so, you should be aware that either return would be considered late at this point (Form 1120-S, for an S corporation was due March 16th).

 

Further, Form 2553, the form used by an entity to elect to be treated as an S corporation, is also late (although there are late filing relief provisions).

 

See https://www.irs.gov/instructions/i2553#idm139773190567344

 

 

Further still, you might want to review the information available at the IRS site regarding S corporations (link below).

 

See https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations

 

 

Finally, you should seek professional legal and tax guidance with respect to this decision. Basically, S corporations are pass-through entities (all of the income, deductions, credits, etc. are passed through to the shareholders) and, thus, are not taxed directly while C corporations are entirely not pass-though entities and, consequently, are taxed directly. The result, essentially, is that, as the sole shareholder of a C corporation, you could be confronted with double taxation (the corporation is taxed on its net income and then distributions from earnings and profits are generally taxed as dividends).

 

Again, consult, in-person, with tax and legal professionals.

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