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
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.