S Corp Status For Llc In Virginia
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corporations: Corporations that have elected status for federal purposes are automatically treated as corporations for Virginia purposes, and must file Form 502. Refer to the PassThrough Entities page for information about corporation filing requirements. The tax rate is 6% of Virginia taxable income.
File IRS Form 2553: Submit the "Election by a Small Business Corporation" form to the IRS, signed by all shareholders. Update Operating Agreement: Amend your LLC's operating agreement to reflect the S Corp election and adjust any provisions as needed.
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.
Virginia S Corp Filing Requirements Specifically, to qualify for S corporation status, an entity must: Be a domestic LLC or corporation. Only have one class of stock. Not be an ineligible corporation, such as certain financial institutions, insurance companies, and domestic international sales corporations.
Religious, educational, benevolent and other corporations not organized or conducted for pecuniary profit which by reason of their purposes or activities are exempt from income tax under IRC § 501(c) are exempt from the Virginia income tax to the same extent that they are exempt from federal income tax.
The Virginia Department of Taxation refers to entities filing as S-Corp as “Pass-Through Entities,” or PTEs. When it comes time to file your income taxes for the year, you will need to file Form 502 or Form 502PTET.
S Corps are limited to 100 shareholders, all of whom must be U.S. citizens or residents. Operational Formalities: S Corps require more formalities, such as adopting bylaws, issuing stock, holding annual meetings, and keeping meeting minutes. LLCs have fewer mandatory requirements, offering more operational flexibility.
