An S Corporation receives the benefit of being treated like a partnership

An S and C corporation are essentially the same type of entity except for how they are taxed. C corporations will pay income taxes on their own return. In most small C corporations the owners are paid out through salaries and fringe benefits, leaving no corporate profit and therefore no corporate taxes. However, if the C corporation pays dividends, then it will be taxed as part of corporate profit. This is referred to as double taxation.

On the other hand, an S corporation does not pay taxes itself. Any profits are paid on the individual level. This is referred to as pass-through taxation. However, the S corporation has additional restrictions on who can be a shareholders, the amount of shareholders, and the classes of stock.

Making the S corporation election

To save on taxes, C corporations and single member LLC’s are encouraged to make the S corporation election. Multi-member LLC’s and partnerships will receive pass-through tax treatment by default. The election should be made at the time of business formation. Waiting to make an election can cause non-recognition of the S corporation status which will have negative consequences for the business鈥檚 tax liability. Most importantly, the election is more then just completing a form. The proper language has to be included in the Articles as well.

To understand how an S corporation election can save you money, speak to a one of our attorneys by calling 800-743-9900 or visit our website today!

Assistance

Submit details below

Related Posts

Continue Reading

Can You Lower Delaware Franchise Tax? A Simpler Way Some Corporations May Pay Less
Administration

Can You Lower Delaware Franchise Tax? A Simpler Way Some Corporations May Pay Less

If your Delaware corporation got hit with a surprisingly high franchise tax bill, you are not alone. One of the most common...

Read More >>
Business

Form a Dual Class Limited Liability Company with AmeriLawyer

WHAT IS A DUAL CLASS LLC The Dual Class LLC is a special type of LLC that follows proposed IRS...

Read More >>
Legal Services

What is a Breach of Contract? | Business Lawyer

WHAT IS A BREACH OF CONTRACT? A breach of contract is a legal civil matter in which one or more...

Read More >>