Question: How Do I Make My LLC An S Corp?

How do I form an LLC as an S Corp?

If you want your LLC to be taxed as an S corporation, you need to file IRS Form 2553, Election by a Small Business Corporation.

If you file Form 2553, you do not need to file Form 8832, Entity Classification Election, as you would for a C corporation.

You may use online tax filing, or can file by fax or mail..

Can a single member LLC be an S Corp?

The default federal tax status for a single-member limited liability company (SMLLC) is disregarded entity. However, the owner of an SMLLC can elect to have the business taxed as either a traditional C corporation or as an S corporation. An S corporation is a special type of small, closely-held corporation.

When should I convert from LLC to S Corp?

It is important to note that one must convert to an S Corp by March 15 in order to be applicable for the following year, or within 75 days of opening the LLC to be applicable for the year of opening. If you miss this deadline, you may apply for late election relief if you have a valid reason for missing the deadline.

Does an S Corp owner have to take a salary?

A reasonable salary is a must The IRS requires S Corp shareholder-employees to pay themselves a reasonable employee salary, which means at least what other businesses pay for similar services. … Basically, the IRS can recharacterize your distributions as salary and require payment of back payroll taxes and penalties.

What are the benefits of LLC vs S corp?

Another advantage of the LLC is that there is greater flexibility in splitting up financial interests. Owners of LLCs can allocate profits and losses disproportionately among owners; an S corporation’s profits and losses must be allocated strictly based upon ownership percentage.

Can an LLC file Form 2553?

Form 2553. The Election by a Small Business Corporation (Form 2553) is the form an entity must file with the IRS to elect S corporation tax status. … Each shareholder must sign Form 2553. An LLC can file Form 2553 with the IRS if it properly qualifies as an S corporation.

Why would an LLC elect to be taxed as an S Corp?

Thus, an LLC taxed as an S corporation can do some tax planning that cannot be accomplished in an LLC taxed as a partnership or disregarded as an entity. Another possible advantage comes from the Tax Cuts and Jobs Act. That tax reform bill gives pass-through entities a 20% “qualified business income “ deduction.

Should I make my LLC an S Corp?

Many LLC’s choose the S corporation for its tax status because: It avoids the double taxation situation of corporations. S corporation owners can take the QBI deduction on business income (not employment income) Owners pay Social Security/Medicare tax only on employment income.

Who pays more taxes LLC or S Corp?

S Corps have more advantageous self-employment taxes than LLC ‘s. S Corp owners can be considered employees and paid “a reasonable salary.” FICA taxes are taken out and paid on the amount of the salary.

Is my LLC an S or C Corp?

An LLC is a legal entity only and must choose to pay tax either as an S Corp, C Corp, Partnership, or Sole Proprietorship. Therefore, for tax purposes, an LLC can be an S Corp, so there is really no difference.

Why an S Corp over an LLC?

An S corporation isn’t a business entity like an LLC; it’s an elected tax status. … S-corp owners may pay less on this tax, provided they pay themselves a “reasonable salary.” LLCs can have an unlimited number of members, while S-corps are limited to 100 shareholders.

How do I know if my LLC is an S Corp?

Call the IRS Business Assistance Line at 800-829-4933. The IRS can review your business file to see if your company is a C corporation, S corporation, partnership, single-member LLC, or sole proprietor based on any elections you may have made and the type of income tax returns you file.