The C corporation is the standard (or default) corporation under IRS rules. The S corporation is a corporation that has elected a special tax status with the IRS and therefore has some tax advantages. Both business structures get their names from the parts of the Internal Revenue Code that they are taxed under.
Pass-through taxation: All owners report their share of profit and loss on their individual tax returns. This is then only taxed at the personal level, similar to an LLC. Elimination of double taxation: S corps are not taxed twice, while c corps are taxed at the corporate and individual level.
Once you confirm you meet the requirements, you may apply for S Corporation status with the IRS by filing Form 2553. The State of Texas recognizes the federal S Corp election. Your business will still be subject to franchise taxes with the State of Texas.
S Corporations offer a unique blend of benefits, combining the liability protection of a corporation with the tax advantages of a pass-through entity. For many small to medium-sized businesses, this structure can provide significant advantages in terms of tax savings, asset protection, and business credibility.
There are seven steps you'll complete to start an S corp in Texas. Step 1: Check Name Availability. Step 2: Choose a Business Name. Step 3: Registered Agent. Step 4: Complete Form 201. Step 5: Bylaws and Regulations. Step 6: Obtain EIN. Step 7: File Form 2553.
Because of the one-class-of-stock restriction, an S corporation cannot allocate losses or income to specific shareholders. Allocation of income and loss is governed by stock ownership, unlike partnerships or LLCs taxed as partnerships where the allocation can be set in the partnership agreement or operating agreement.
The Relative Advantages of an LLC and S-Corp With an LLC, however, you will be required to report all annual profits in your personal income tax return. LLCs, on the other hand, generally require less paperwork and regulatory requirements than S-Corps and more businesses are eligible to be LLCs than S-Corps.
S corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes.