Prudent business owners who own multiple businesses generally form a separate corporation for each separate business in order to isolate the liabilities of one business from the other. If you currently own a Subchapter S Corporation (“S Corporation”) and are thinking about starting another business as a “division” of your S Corporation, then the Qualified Subchapter S Subsidiary (“QSSS”) may be a useful vehicle to establish a parent-subsidiary structure through filling IRS Form 8869. Each QSSS is treated as a separate legal entity, maintaining its state law liability protection.

For federal income tax purposes, however, each QSSS is not treated as a separate entity such that its income and expenses roll-up into, and are reported as part of, the parent’s S Corporation tax return. Additional Advantages which QSSS may provide are significant tax benefits. In the instance where some entities in the parent-subsidiary structure generate taxable income while other entities generate taxable losses, the QSSS may allow the income and loses to offset one another.

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!

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