S Corp Status For Llc In Franklin

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

Description

The Resolution form is a crucial document for entities in Franklin seeking to elect S corporation status for their limited liability company (LLC). This form outlines the decision made by the board to opt for S corporation treatment under both the Internal Revenue Code and state tax regulations. Key features of the form include authorization for corporate officers to execute necessary documents and ratification of prior actions taken in this regard. Filling out the form involves entering specific details such as the date of adoption and the entity name, and it must be signed by the Secretary and directors. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who are navigating the complexities of corporate taxation and governance. They should ensure all sections are filled accurately to comply with legal requirements and make informed decisions regarding tax benefits. Additionally, it facilitates potential tax savings and simplified business operations under the S corporation framework.
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FAQ

Disadvantage #1: Not Making Enough Taxable Income If your business is not earning enough income, the costs of an S-Corporation may outweigh the benefits. Many tax advisors believe that business income should exceed $40,000 before considering an S-Corporation.

Unlike an S Corporation or an LLC, it pays taxes at the corporate level. This means it is subject to the disadvantage of double taxation. As well, a C corp also must comply with many more federal and state requirements than an LLC. C corporations provide the following considerable advantages: Separate legal identity.

One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners' personal assets are shielded from the claims of business creditors—whether the claims arise from contracts or litigation.

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.

Step 2: Weigh the pros and cons Advantages: Enhanced credibility, access to capital, limited liability, and the ability to attract investors and top talent. Disadvantages: Higher setup and maintenance costs, double taxation, extensive record-keeping and reporting requirements, and reduced privacy.

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S Corp Status For Llc In Franklin