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S corporations are a type of business entity that has been available in the United States since 1938. The S corporation is similar to a partnership or limited liability company (LLC) in that it limits the owners’ personal liability for business debts and claims. However, it also has some advantages over both partnerships and LLCs:
As a business professional, you may be familiar with what an S corporation is. If not, here’s a quick rundown:
You can form an S corporation in any state, though you may have to change your business structure if you plan to move the company or work remotely.
You can form an S corporation in a state where you don’t live. You’ll need to establish a presence there and pay taxes on profits from that location, but this option allows for greater flexibility than forming a C-corporation. If anything goes wrong with your business venture and it fails, everything will be held in place by laws governing the other state’s incorporation process.
When you submit the paperwork to form an S-corporation, you need to do it in a specific way that complies with federal and state laws. You don’t want to take any chances when it comes to your business, so make sure you follow all instructions exactly.
Also, keep in mind that each state has its own requirements for how these forms should be filled out and filed. The one thing that is consistent across states is that if there are any special requirements for your type of corporation or location (like an LLC), these will likely be listed on this form as well as others related to forming an S-corporation such as Articles of Incorporation or Memorandum & Articles of Organization (M&A).
The filing fee is $200. You will also need to pay the annual tax fee, which is $800 for small domestic corporations (S-corporations with assets of less than $10 million) and $1,200 for other domestic corporations. In addition to these two fees, there are several other annual tax fees that may apply if you have employees or your company made money in certain ways:
Once you have completed your S-corporation application, it is time to send your package (with payment) to the corporate filing office for your selected state. You may need to send a physical copy, or you may be able to submit online or via fax. It is best to confirm this with the filing office before mailing in your application.
Mail the documents via certified mail, so that you can prove that they were sent by you and not someone else pretending to be from your company.
Once you have received confirmation that your application has been filed, you can begin doing business as an S corporation. You will receive a Certificate of Incorporation from the state in which you formed your company, which will serve as proof for tax purposes and other legal purposes.
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