South Dakota Agreement to Incorporate as an S Corp and as Small Business Corporation with Qualification for Section 1244 Stock

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US-0395BG
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This form is an agreement to incorporate as an S Corp and as a small business corporation with qualification for section 1244 stock.
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  • Preview Agreement to Incorporate as an S Corp and as Small Business Corporation with Qualification for Section 1244 Stock
  • Preview Agreement to Incorporate as an S Corp and as Small Business Corporation with Qualification for Section 1244 Stock
  • Preview Agreement to Incorporate as an S Corp and as Small Business Corporation with Qualification for Section 1244 Stock

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FAQ

There are several advantages to becoming a corporation, including the limited personal liability, easy transfer of ownership, business continuity, better access to capital and (depending on the corporation structure) occasional tax benefits.

How are S corps taxed? S corps don't pay corporate income taxes, so there is not really an S corp tax rate. Instead, the company's individual shareholders split up the income (or losses) amongst each other and report it on their own personal tax returns.

According to the IRS: Generally, an S corporation is exempt from federal income tax other than tax on certain capital gains and passive income. It is treated in the same way as a partnership, in that generally taxes are not paid at the corporate level.

South Dakota does not impose a corporate income tax.

For federal tax purposes, you can simply make an election for the LLC to be taxed as an S-Corporation. All you need to do is fill out a form and send it to the IRS. Once the LLC is classified for federal tax purposes as a Corporation, it can file Form 2553 to be taxed as an S-Corporation.

S corporation advantages include: Protected assets. An S corporation protects the personal assets of its shareholders. Absent an express personal guarantee, a shareholder does not have personal liability for the business debts and liabilities of the corporation.

Starting a South Dakota LLC and electing S corp tax status is easy....Step 1: Name Your LLC.Step 2: Choose Your South Dakota Registered Agent.Step 3: File the South Dakota LLC Articles of Organization.Step 4: Create an LLC Operating Agreement.Step 5: Get an EIN and Complete Form 2553 on the IRS Website.

How are S corps taxed? Generally speaking, S corps don't pay federal corporate taxes. Instead, the US government exacts those taxes from distributions the corporation pays to shareholders, who report it on their personal tax returns.

5 Reasons an S Corporation Might Be Right for Your BusinessProvides Personal Asset Protection.Lowers Your Tax Liability.Prioritizes Your Privacy.Offers Limited Liability to Unlimited Managers.100% of Your Business Profits Go to Earnings.07-Feb-2019

South Dakota S corporations enjoy pass-through taxation so shareholders avoid so-called double taxation. South Dakota S corporations file informational tax returns, but pays no income tax itself.

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South Dakota Agreement to Incorporate as an S Corp and as Small Business Corporation with Qualification for Section 1244 Stock