S Corp Status For Llc In New York
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If the shareholder(s) of an S corporation made an S election for federal purposes, New York State does not automatically treat the company as a New York S corporation unless they are mandated to file as an S corporation under Tax Law § 660(i).
An LLC or LLP treated as a corporation, including an S corporation, for federal income tax purposes is treated as a corporation for New York tax purposes or as a New York S corporation if the New York S election is made (or if it is a mandated New York S corporation).
Every corporation, domestic or foreign, must have a Registered Agent with a registered office within the State of New York at all times.
Please note New York City does not have an S corporation election and does not recognize a New York State S corporation election. In general, federal subchapter S corporations and qualified subchapter S subsidiaries are subject to the GCT.
Corps 101. corps are the “King of Entities” for U mall Businesses. Advantage: Payroll and income tax savings. Advantage: Additional pretax savings for retirement contributions. Disadvantage: tate and local taxes. Disadvantage: Less ability to borrow from creditors.
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.
What are the key differences between these two business structures? The simple answer is that an LLC is a business entity whereas an S-corporation is a tax classification for a corporation. An S-Corporation is an elective tax classification that offers liability safeguards and transfers income through to the owners.
While the profits from an S-corp are generally taxed at a lower rate than those of other corporate structures, the state and local tax rates to which an S-corp is subject can often be the deciding factor as to whether it or not it makes sense to use this entity structure from a tax perspective.
