S Corporation Form In Florida

State:
Multi-State
Control #:
US-0046-CR
Format:
Word; 
Rich Text
Instant download

Description

The S corporation form in Florida facilitates the election of a corporation to be taxed as an S Corporation under federal and state tax codes. This form is essential for fostering tax advantages, including avoiding double taxation on corporate income, which can benefit shareholders directly. Key features include specified resolutions authorizing corporate officers to undertake necessary actions for the election, ensuring all procedural requirements are met. Filling instructions emphasize that the corporation's officers must carefully execute the document, noting any pre-adoption actions taken to support the resolution. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form useful to streamline the process of electing S Corporation status and to maintain compliance with legal requirements. Using this form can help legal professionals protect their clients' interests while maximizing their tax efficiency. Additionally, being prepared with this formal resolution supports due diligence and may enhance the corporation's standing with tax authorities.
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FAQ

Now that you know what an S corp is and its requirements, follow these five steps to form your business as an S corp in Florida. Step 1: Choose a Business Name. Step 2: Articles of Incorporation. Step 3: Apply for a Business License. Step 4: Obtain EIN. Step 5: Complete and Submit IRS Form 2553.

Can I file my Florida LLC name change online? No, you can't currently file the Articles of Amendment online to change your Florida LLC name. Florida does have an online document filing system called Sunbiz, but the Articles of Amendment form isn't currently available for filing online.

Choose a business name for your S corp. File articles of incorporation. Issue stock for your S corp. Elect a board of directors and appoint officers. Meet other S corp eligibility requirements. Obtain an employer identification number. Elect S corp status. Apply for state and local S corp business licenses.

To apply for an S-Corp election, you must file a Form 2553 Election by a Small Business Corporation. The same form can be used by Florida corporations and Florida LLCs. The Form 2553 requires you to enter an EIN for your company. If you have not applied for an EIN, you must do so.

While both the Florida LLC and Florida S-Corporation protect the owners' individual assets from business liabilities, only the LLC shields business ownership from creditors of the shareholders. An S-Corp offers similar liability protection but requires specific ownership and tax structure considerations.

To apply for an S-Corp election, you must file a Form 2553 Election by a Small Business Corporation. The same form can be used by Florida corporations and Florida LLCs. The Form 2553 requires you to enter an EIN for your company. If you have not applied for an EIN, you must do so.

An easy way to remember the IRS rule is that corporations do not receive 1099 forms regardless of whether they are S or C corporations. Sole proprietors, partnerships, and unincorporated contractors do. You should also issue 1099-MISC forms for: Lawyer fees, even if the attorney is incorporated.

Steps to convert LLC to S-Corp Elect S-Corp status: You will need to file Form 2553, “Election by a Small Business Corporation,” with the IRS. Form 2553 will need to be signed by all shareholders, and then filed within two months and 15 days after the beginning of the tax year in which the election is to take effect.

A domestic corporation must file Form 1120, U.S. Corporation Income Tax Return, whether it has taxable income or not, unless it's exempt from filing under section 501. A domestic corporation that is an S corporation must file Form 1120-S, U.S. Income Tax Return for an S corporation.

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S Corporation Form In Florida