Form with which a corporation may resolve to alter its corporate status top that of a subchapter (S) corporation.
S Corporation With Passive Income In Fulton
State:
Multi-State
County:
Fulton
Control #:
US-0046-CR
Format:
Word;
Rich Text
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FAQ
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.
Start with Schedule E, then use Form 8582, Passive Activity Loss Limitations, to summarize income and losses from passive activities, and to compute the deductible losses and any non-deductible losses to be carried forward to future years.
Passive income consists of amounts derived from royalties, rents, dividends, interest and annuities. Although conventional rental income is passive in nature, rents derived from an activity where the S corporation/lessor renders significant services or incurs substantial costs will not be treated as passive income.
How to Create an S Corp in Georgia Choose a unique name for your Georgia limited liability company. Appoint a registered agent. File your Georgia LLC Articles of Organization. Create an operating agreemen. Register for your EIN Number. Apply for S Corp status with IRS Form 2553.
To convert an LLC to an S Corporation in Georgia, you'll need to follow these steps: Step 1: File Articles of Amendment. Step 2: Obtain a New Federal Tax ID Number. Step 3: File Form 2553. Step 4: Update Your Business Licenses and Permits. Step 5: File Annual Reports.
As a Georgia LLC, LLP, partnership or sole proprietorship, you are subject to the 15.3% Self Employment/FICA tax on all of your net earnings. The S corporation, on the other hand, pays you a deductible salary (which is subject to FICA), and then the profits flow through your personal return via a Schedule K-1.
The good news is that if you're a U.S. citizen, you can own shares in an S Corp regardless of where you live. Whether you reside in the United States or live abroad, your citizenship qualifies you to own a stake in an S Corp. If you're not a citizen, you must qualify as a resident alien to own a stake in an S Corp.
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 IRS doesn't limit S corporation income. S corporations are incorporated companies that have made an election to be taxed as a pass-through entity rather than have double taxation.