Form with which a corporation may resolve to alter its corporate status top that of a subchapter (S) corporation.
S Corporation With Llc Subsidiary In Bronx
State:
Multi-State
County:
Bronx
Control #:
US-0046-CR
Format:
Word;
Rich Text
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FAQ
An LLC or LLP treated as a corporation, including an S corporation, for federal income tax purposes is treated as a corporation for New York tax purposes or as a New York S corporation if the New York S election is made (or if it is a mandated New York S corporation).
Every corporation, domestic or foreign, must have a Registered Agent with a registered office within the State of New York at all times.
Please note that New York City does not have an S corporation election and does not recognize a New York State S corporation election. In general, federal subchapter S corporations and qualified subchapter S subsidiaries are subject to the GCT.
Business Corporations & Not-For-Profit Corporations FILING UNDER THE BUSINESS CORPORATION LAWRev. 3/16 Incorporation (all corporations) $125 Amendment or Restated $60 Consolidation or Merger $60 Change §805-A(a) or §1309-A(b) $3010 more rows
How to Start an S Corp in New York Step 1: Choose a Business Name. Step 2: Obtain EIN. Step 3: Certificate of Incorporation. Step 4: Registered Agent. Step 5: Corporate Bylaws. Step 6: Directors and Meeting Requirements. Step 7: Stock Requirements. Step 8: Biennial Statement.
Is there a minimum salary for S Corp shareholder-employees? No — the IRS can't require a minimum salary for self-employed workers. The requirement only comes into play if you're paying distributions to shareholders.
What are the key differences between these two business structures? The simple answer is that an LLC is a business entity whereas an S-corporation is a tax classification for a corporation. An S-Corporation is an elective tax classification that offers liability safeguards and transfers income through to the owners.
If the shareholder(s) of an S corporation made an S election for federal purposes, New York State does not automatically treat the company as a New York S corporation unless they are mandated to file as an S corporation under Tax Law § 660(i).
Please note that New York City does not have an S corporation election and does not recognize a New York State S corporation election. In general, federal subchapter S corporations and qualified subchapter S subsidiaries are subject to the GCT.
To be taxed as an S corporation, you must convert your LLC into a traditional corporation (C corporation) with the state, and file IRS Form 2553 "Election as a Small Business Corporation" with the IRS. For your business to qualify as an S corporation, make sure it meets the IRS's specific guidelines.