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 S Corp 2018

S Corp 2018-2025 Form

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What is the S Corp

An S Corporation, or S Corp, is a special type of corporation that meets specific Internal Revenue Code requirements. This designation allows profits, and some losses, to be passed through directly to the owners’ personal income without facing corporate income tax. S Corps are popular among small business owners as they provide the benefits of limited liability while allowing for pass-through taxation. This means that the income is only taxed at the individual level, avoiding the double taxation that traditional corporations face.

Key elements of the S Corp

Understanding the key elements of an S Corp is crucial for business owners. Some of the essential features include:

  • Eligibility Criteria: To qualify as an S Corp, a business must meet specific requirements, including being a domestic corporation, having only allowable shareholders, and having no more than one hundred shareholders.
  • Shareholder Restrictions: Shareholders must be individuals, certain trusts, or estates. Partnerships and corporations cannot hold shares in an S Corp.
  • One Class of Stock: An S Corp can only issue one class of stock, although differences in voting rights are allowed.

Steps to complete the S Corp

Completing the S Corp process involves several important steps. Here’s a simplified outline:

  1. Choose a Business Name: Ensure the name complies with state regulations and is not already in use.
  2. File Articles of Incorporation: Submit the necessary documents to your state’s Secretary of State office to establish your corporation.
  3. Obtain an Employer Identification Number (EIN): Apply for an EIN through the IRS, which is essential for tax purposes.
  4. File Form 2553: Submit Form 2553 to the IRS to elect S Corp status, ensuring it is filed on time to avoid delays.

IRS Guidelines

The IRS provides specific guidelines for S Corps that must be followed to maintain compliance. These include:

  • Filing annual tax returns using Form 1120S.
  • Providing Schedule K-1 to shareholders, detailing their share of income, deductions, and credits.
  • Adhering to deadlines for tax filings to avoid penalties.

Filing Deadlines / Important Dates

Staying aware of filing deadlines is essential for S Corps. Key dates include:

  • Form 2553 Deadline: Must be filed within two months and fifteen days of the beginning of the tax year.
  • Form 1120S Deadline: Generally due on the fifteenth day of the third month after the end of the tax year.
  • Estimated Tax Payments: S Corps may need to make estimated tax payments based on income projections.

Required Documents

To successfully establish and maintain S Corp status, several documents are required, including:

  • Articles of Incorporation.
  • Bylaws of the corporation.
  • Form 2553 for S Corp election.
  • Form 1120S for annual tax filings.

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