How To Register Llc As S Corp

In order to be taxed as an s corporation the llc must file form 255 3.

How to register llc as s corp. In order for the entity to be changed from an llc to a corporation the business will need to file with the state agency who is in charge of corporate filings. Determine the best state in which to form the new llc. The s corporation must choose a name for the new llc and confirm that it s available in the state of formation. If you register an llc and choose to be taxed as an s corporation you must report your earnings on your personal income tax return. You can avoid this double taxation by electing to become an s corporation.

A brand new company has 75 days from the date of its incorporation or llc formation to file. When these llcs meet the criteria for filing as an s corp they can file taxes as an s corp. An experienced corporate or tax lawyer can help the s corp. Choose a name for the new llc. It s relatively simple paperwork but there are strict deadlines for when it needs to be filed.

An llc is not a corporation even if the irs recognizes it as an s corporation for tax purposes. Paying s corp taxes as an llc an llc that elects s status must file form 1120s u s. Payments or distributions to members of the llc will be included as compensation to officers in the section for deductions. The form 8832 is also filed to change the llc s entity classification. An llc may file taxes as s corp by completing and filing form 255 3 election by a small business corporation.

However they are legally still llcs. Once the llc is formed choosing how your business is to be taxed is performed by filing an election document form 2553 with the irs. Thus an llc with multiple owners can either accept its default classification as a partnership or file form 8832 to elect to be classified as an association taxable as a corporation. An llc that is taxed as a sole proprietorship still offers limited liability protection. Although many llc s choose to go with the default tax format there are some tax benefits available if you choose the s corporation.

An llc or limited liability company is a business formed under the tenets of state law. To file for s corporation treatment you ll need to file form 2553 with the irs. Income tax return for an s corporation. Form 1120s is the form used by s corporations to report corporate income. A regular c corporation is taxed twice one tax at the corporate level on the corporation s net income and then a second tax when profits are distributed to shareholders.