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How do I form S Corp?

Do I setup LLC, then elect S Corp election. Is there a way to set up S Corp?  I don’t want to go through filing 2553 & wait for S Corp. 

 

 

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3 Replies
JotikaT2
Employee Tax Expert

How do I form S Corp?

Not necessarily.  If you are just wanting to set up an S-Corporation, you don't have to set up an LLC first.  You will have to file Form 2553 to become an S-Corporation.  You cannot avoid that step as it is a part of establishing your S-Corporation status.  

 

Form 2553 generally needs to be filed no more than 2 months, 15 days after the beginning of the tax year where you want the election to take place.  If you are late to making the election, you can also request relief from the late election by writing "Filed Pursuant to Rev. Proc. 2013-30" on the top of page 1 on Form 2553.  Please see these instructions for more details on making the S-Corporation election.

 

Finally, if you do decide to start as an LLC, and then convert to an S-corporation, you would need to file Form 8832 to let the IRS know you do not want to be taxed as an LLC but instead as a corporation.  You would then need to file Form 2553 to elect S-Corporate status as well.  Please see this link for additional information on converting to an S-Corporation.

 

S-Corporations do have specific requirements that must be met in order qualify for this status.  This IRS link has all of the specific details to help you ensure you are qualified to make the election.

 

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How do I form S Corp?

here are some things about going the direct S-Corp route

✓ Comprehensive name check - the name of the S-Corp can not match that of another business - the rules for what is a match varies from state to state

✓ Preparation of Articles of Incorporation

✓ Document filing with the Secretary of State  (or other authority)  - you must record your s-corp with the appropriate official in the state

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LLC formation - again document filing with the appropriate authority is required. 

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there are multiple websites to do all of this for you for a fee or you can use a lawyer

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you should consult with a tax pro. generally, you must take a reasonable salary for the services you do for the S-Corp. this means registering and filing payroll tax returns.  There would be other things that would be discussed such as record keeping. 

How do I form S Corp?

What if my business has loss, hence I can not take salary. Are draws or distribution same thing? 

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