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Subchapter S Corporations
"S Corp"

 


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Comments on this website are informational in nature and are not intended to
be interpreted as specific tax advice.   The comments cannot be used to avoid taxes under the Internal Revenue Code or the regulations of other tax authorities. Furthermore, this website is not intended, and should not be interpreted, to support the promotion or marketing of any tax avoidance schemes.

 

Date last modified:
01/26/17

Another type of corporation is the S Corporation. It files its own tax return but pays no taxes. The federal tax return is an informational return only. It tells the IRS and the State to whom the profits or losses are passed on to by means of a form called a K-1. The "stockholders" are the ones that pay the tax of the S Corp on their personal returns.  Persons forming an S Corp make a financial investment in the new company, called their basis.  Any losses are balanced against an individual's investment.

To elect to be treated as a S Corp, tax-wise, Form 2553 must be filed with the IRS on a timely-basis and accepted by the IRS.  When forming this entity, be clear who will be responsible for completing and sending in this form.  All stockholders must agree to the election to be an S Corp and all must sign the Form 2553.

Most of the same rules apply to the S Corp that the C Corp has to follow including Articles of Incorporation and issuance of stock. One of the biggest audit issue for the IRS concerning S-Corps is Reasonable Compensation to the employee/owner Stockholders.  A stockholder who is also an employee must be paid a reasonable salary for the duties of the position.  If the stockholder takes a small salary to avoid self-employment taxes, and then takes "large" distributions, the IRS may challenge the arrangement.

Oregon assesses a minimum tax on S Corporations of $150.00.  This is due and payable when the return is filed.  If an extension is filed, a check must be sent in with the state extension coupon.  Other states may have different laws regarding taxation of S Corps.

 

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