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FAQs

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Yes, it is possible to establish an S-corp as a one-person business. While traditionally S corporations are formed with multiple shareholders, the IRS allows a single individual to set up an S corporation. As an individual, you can be the sole shareholder, director, and employee of the S-corp.
Similarly, corporations (S corps and C corps) are not legally required by any state to have an operating agreement. Still, experts advise owners of these businesses to create and execute their version of an operating agreement, called bylaws.
The first step in creating your operating agreement involves determining whether you'll draft it yourself or hire an attorney to do it for you. If you have a single-member LLC, you may decide to create it on your own using a template.
Without exception, all S corporations must be governed by appointed boards of directors, who are required to hold annual meetings. They must abide by sets of corporate bylaws, which are strictly regulated by federal and state agencies.
Can I set up an S corp myself? While it is possible to file articles of incorporation and go through the S corporation election process alone, S corp requirements are both strict and complex. To ensure you're following the rules, we recommend consulting an attorney or tax professional.
Self-employed individuals typically pay higher Social Security and Medicare taxes than if they were employees of a company. Organizing a business as an S-corporation can help you avoid higher self-employment taxes by classifying some income as salary and some as a distribution.
One person can form an S corporation, while in a few states at least two people are required to form an LLC. Existence is perpetual for S corporations. Conversely, LLCs typically have limited life spans.
A reasonable salary for S corporation owners is one that a comparable business would pay an employee to perform similar job duties. Other factors that the IRS uses to determine reasonable compensation are: Training and experience. Time and effort devoted to the business.

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