The C corporation is the standard (or default) corporation under IRS rules. The S corporation is a corporation that has elected a special tax status with the IRS and therefore has some tax advantages. Both business structures get their names from the parts of the Internal Revenue Code that they are taxed under.
We recommend converting to a C-Corp if a company wants to issue qualified small business stock and plans on selling its business in no less than five years.
Names of corporations must end with either the identifier "Incorporated" or "Corp." If one of these identifiers is present, then the company is most likely a corporation.
To determine a taxable entity's franchise tax account status, begin at the Taxable Entity Search page. You can search by: Texas taxpayer number (11 digits, begins with 1 or 3); Federal Employer's Identification Number (9 digits);
We recommend converting to a C-Corp if a company wants to issue qualified small business stock and plans on selling its business in no less than five years.
There's no need to convert your LLC to a corporation at the state level. If you'd like to convert your LLC to an S corporation, then you must elect S corporation tax status. To convert to an S corporation, file an IRS Form 2553 at the federal level.
There are seven steps you'll complete to start an S corp in Texas. Step 1: Check Name Availability. Step 2: Choose a Business Name. Step 3: Registered Agent. Step 4: Complete Form 201. Step 5: Bylaws and Regulations. Step 6: Obtain EIN. Step 7: File Form 2553.
LLCs can have an unlimited number of members; S corps can have no more than 100 shareholders (owners). Non-U.S. citizens/residents can be members of LLCs; S corps may not have non-U.S. citizens/residents as shareholders. S corporations cannot be owned by corporations, LLCs, partnerships or many trusts.
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.