S
corporations are corporations that elect to pass corporate income, losses,
deductions, and credits through to their shareholders for federal tax purposes.
Shareholders of S corporations report the flow-through of income and losses on
their personal tax returns and are assessed tax at their individual income tax
rates. This allows S corporations to avoid double taxation on the corporate
income. S corporations are responsible for tax on certain built-in gains and
passive income at the entity level.
To
qualify for S corporation status, the corporation must meet the following
requirements:
- Be a domestic corporation
- Have only allowable shareholders
- May be individuals, certain
trusts, and estates and
- May not be partnerships,
corporations or non-resident alien shareholders
- Have no more than 100 shareholders
- Have only one class of stock
- Not be an ineligible corporation
(i.e. certain financial institutions, insurance companies, and domestic
international sales corporations).
In
order to become an S corporation, the corporation must submit Form 2553 Election by a Small Business Corporation (PDF)
signed by all the shareholders. See the Instructions for Form 2553 (PDF) for all
required information and to determine where to file the form.
For a Personal and Legally Privileged
Consultation in our New York City Offices call (212)
974-3435 Payroll Taxes, Trust Fund Recovery Cases, Income and
Sales Tax Controversies. We negotiate Payment Plans, compromise Tax Debts,
and resolve all Civil and Criminal tax issues, including Innocent Spouse Relief
and Separation of Liability. Selig
& Associates provides the most aggressive Tax
Representation allowed by law.
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