Forming an LLC in Georgia is often advised because it offers owners the same limitation of liability as a corporation, but with less complexity. However, there are other aspects that should be considered.
File form 2553 to apply for S corp status When Georgia approves your LLC or C corporation formation, you need to file Form 2553, Election by a Small Business Corporation, with the IRS to get S corp status.
Yes. A consent agreement for each shareholder shall be filed by the corporation with its corporate return in the year in which the Subchapter “S” corporation is first required to file a Georgia income tax return.
LLC cons: Unlike a corporation, an LLC cannot issue shares of stock. Any new investor would need to become a member of the LLC, which is more complicated. Furthermore, many outside investors consider LLCs risky, and prefer to invest in corporations.
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.
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.
How to Form a Corporation in Georgia Choose a Corporate Name. Appoint a Registered Agent. Prepare and File Articles of Incorporation. Prepare Corporate Bylaws. Appoint Directors and Hold a Board Meeting. Issue Corporate Stock. File Initial and Annual Registrations. Obtain an EIN and Comply With Tax Requirements.
To form a Georgia S corp, you'll need to ensure your company has a Georgia formal business structure (LLC or corporation), and then you can elect S corp tax designation. If you've already formed an LLC or corporation, file Form 2553 with the Internal Revenue Service (IRS) to designate S corp taxation status.