In order to become an S corporation, the corporation must submit Form 2553, Election by a Small Business Corporation signed by all the shareholders. See the Instructions for Form 2553 PDF for all required information and to determine where to file the form.
In order to qualify for S corporation status, the IRS requires the corporation to be residentially located in the United States, retain fewer than 100 shareholders limited to individuals, trusts, and estates (excluding partnerships, corporations, and nonresident alien shareholders), issue only one class of stock, and ...
An LLC can elect S corporation taxation by filing Form 2553, Election by a Small Business Corporation. It must be signed by all the members and can be submitted by mail or fax.
You can check the status of your S corp election by calling the IRS Business & Specialty Tax Line at 1-800-829-4933.
LLC taxed as an S corporation First, an LLC would need to elect to be taxed as a corporation by filing Form 8832, Entity Classification Election. After that, an LLC can then file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.
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.
Things happen. There's no need to stress about it. You can call the IRS at (800) 829-4933 and request an S-Corp Verification. The S-Corp Verification or 385c letter is another way to get proof that the IRS acceptance of a previously filed Form 2553.
FL, SD and WY are typically the best for no personal/business taxes. Nexus rules still apply to other states.
LLC members may be any person or organization while S Corporation shareholders must be individual U.S. citizens or U.S. residents, estates or certain trusts (they cannot be other corporations or LLCs). Also, the number of shareholders is limited for an S Corporation while an LLC may have an unlimited number of members.
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.