The fee typically charged will vary by state between $800 and $1,000. Some states, like Nevada, don’t charge a franchise tax fee, making them an alluring place to do business. Miscellaneous government filing fees: Government filing fees may vary from $50 to $200 depending on the state and the type of business.

Key takeaway: To start your S-corp, fill out the articles of incorporation form with all your company’s information and file Form 2553 through the IRS. To be eligible, your company must be based in the U.S. and have no more than 100 shareholders and one class of stock.

An S corporation, also known as an S subchapter, refers to a type of legal business entity. Requirements give a corporation with 100 shareholders or less the benefit of incorporation while being taxed as a partnership. Shareholders report income and losses on individual tax returns, and pay taxes at ordinary tax rates.

Similar to how a corporation elects S corp status, a single-member LLC can become an S corporation by filing IRS Form 2553. Electing S corp status also means that you must submit additional tax documents every year. One of these documents is IRS Form 1120S, which is the income tax return for S corporations.

If there will be multiple people involved in running the company, an S corp would be better than an LLC since there would be oversight via the board of directors. Also, members can be employees, and an S corp allows the members to receive cash dividends from company profits, which can be a great employee perk.

An S Corp owner has to receive what the IRS deems a “reasonable salary” — basically, a paycheck comparable to what other employers would pay for similar services. If there’s additional profit in the business, you can take those as distributions, which come with a lower tax bill.

Generally, owners of an S corp qualify as employees of the business and must receive a salary. If you’re an owner who’s actively involved in managing your S corp, you’re considered an employee of the company and you’ll pay yourself a W-2 salary.

S corps don’t pay corporate income taxes, so there is not really an “S corp tax rate.” Instead, the company’s individual shareholders split up the income (or losses) amongst each other and report it on their own personal tax returns.

Example of S Corporation Taxation Roberts, Inc. is an S corporation in Florida. Jack owns 51 percent and Jill owns 49 percent. Their net profits were $20 million for the last tax year. When they prepare their individual tax returns, Jack will claim $10.2 million in income while Jill will claim $9.8 million.

Similarly, an S corporation isn’t a disregarded entity because it’s a form of corporation. S corporations determine their own income, deductions, and credits—often collectively referred to as “tax attributes”—then allocate these among their owners or shareholders, or to their sole owners.

To create an S corporation, you must first create a regular corporation by filing articles of incorporation with your secretary of state’s office or your state’s corporations division. Then, to be treated as an S corporation, all shareholders must sign and file IRS Form 2553.

Another difference that can be seen between LLC and S Corp is in the distribution of profit. In distribution of profits in S Corp, there is no flexibility. The profit is normally divided according to the ratio of the shares. On the other hand, there is more flexibility in the distribution of profit in LLC.

To start your own corporation, you must file incorporation papers with the state where your business operates. Starting a corporation will have many legal and tax ramifications for your business. For example, corporations are separate legal entities that may enter into theirs own contracts and have legal process initiated against them.

Corporations need a lot of paperwork and requirements such as articles of incorporation and bylaws before it is established. It is also required to establish operational formalities and organize internal affairs such as appointing board of directors and holding regular shareholders’ meetings.