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An S-Corporation is not a business structure or separate legal entity like a corporation or LLC. Rather, it’s a tax classification that either an LLC or a corporation can apply for with the Internal Revenue Service (IRS) if it meets the criteria.
For an LLC, filing as an S-Corporation may provide savings on self-employment taxes in some cases. For C- Corporations, it can be a way to avoid double taxation.
To qualify for S-Corporation status, a business must meet the following requirements:
In order to get S-Corporation status, you must first become an LLC or a corporation, both of which provide limited liability protection.
S-Corporation advantages include:
S-Corp status may not be right for all businesses. If you’re not sure whether to identify your LLC as an S- Corp or keep the default status, be sure to consult with an experienced business law attorney or accountant in your state.
Yes, your company will still remain an LLC business structure, but it can be taxed as an S-Corp. To request that the IRS taxes your LLC income as an S-Corp, you need to complete Form 2553, Election by a Small Business Corporation, to be treated as an S corp instead of an LLC.
If your LLC is past the 75-day election deadline, you’ll also need to file Form 8832, Entity Classification Election, to elect to be taxed as a corporation. Then you would file both Form 8832 and Form 2553 together via USPS-certified mail.
The process for filing an S corp involves preparing and submitting Form 2553 to the IRS, which requires a wet signature. ZenBusiness can prepare the form, but the customer must sign and mail it to the IRS.
Calculating taxes can be confusing, but you can check out our S corp tax guide to learn more about navigating taxes for your S corp. A certified tax professional can give you more definitive information for your circumstances.