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A corporation or other entity eligible to be treated as a corporation files this form to make an election under section 1362(a) to be an S corporation.
An S corporation, for the United States federal income tax, is a closely held corporation (or, in some cases, a limited liability company (LLC) or a partnership) that makes a valid election to be taxed under Subchapter S of Chapter 1 of the Internal Revenue Code. In general, S corporations do not pay any income taxes.
One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners' personal assets are shielded from the claims of business creditors whether the claims arise from contracts or litigation.
The difference is that in an S corp, owners pay themselves salaries plus receive dividends from any additional profits the corporation may earn, while an LLC is a “pass-through entity,” which means that all the income and expenses from the business get reported on the LLC operator's personal income tax return, says
Form 2553 (the S Corp election form) must be filed with the IRS. It is typically due within 75 days of forming your business entity or March 15 of the following year.
An S corporation is required to file Form 1120S, U.S. Income Tax Return for an S Corporation. Unlike the C corp., no corporate tax is assessed on any profits reported on Form 1120S. Instead, the profits are divided among the shareholders, according to the number of shares held by each shareholder.
A corporation or LLC must file an S-Corp election within two months and 15 days (~75 days total) of the date of formation for the election to take effect in the first tax year. Example: Your articles of formation was filed on August 21st. Two months later is counted to the numerically corresponding day of October 21st.
Procedures for Late Elections for S Corporation Status A corporation can file Form 2553 after the due date and still receive IRS approval to make the election retroactive to the beginning of the corporation's tax year. But first, the corporation must make sure that it is eligible to make a late election.
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