How to Form an S Corporation

Before you start a business, be sure to do yourthe liability protection that is available (and not available)
homework. Hire a professional to help you through theby forming an LLC taxed as an S corporation vs. just
process, review the advantages and disadvantages ofan S corporation.
each type of business, and establish business lines ofTaxable gains are reduced. If you should ever decide
credit so that you can have sufficient capitalization forto sell the business, you may pay less on taxable gains
your venture.than you would with a corporation.
The first step is to take off your do-it-yourself hat. IfOnce you've hired a consultant and have decided to
you want to be successful in business, it's important tomove forward, you'll have to file Form 2553 with the
surround yourself with others who can guide youIRS to get started (keep in mind you may have to file
through the process and avoid costly mistakes. That'sa similar form at the state level also). Here are some
why you'll want to hire a professional to take care ofof the requirements:
matters that you're not familiar with. Before you file theYou cannot have more than 100 shareholders. If a
paperwork, hire a professional business adviser whohusband and wife jointly form an S Corporation, they
can walk you through the process and will be availableare considered as one shareholder. Certain trusts,
to help you in the early stages of your business. Ideally,estates, and individuals qualify as shareholders in the S
the company you seek does more than just form theCorporation structure, as long as they are American
S corporation. As you know, 80-95% of businesscitizens. This is a problem if you are looking to have
owners fail within 5 years. The key is for thatinvestors and you later realize that an investor may
company to provide you resources to help grow yournot invest into your S corporation as a Corporation,
business to the next level!LLC taxed as a partnership or foreigner.
There are several advantages to forming an SAll shareholders agree to the S Corporation structure.
Corporation. Here are just a few. Check with aPresumably you'll all be in agreement but if you're not,
professional business consultant for a full list ofyou cannot form an S Corporation entity.
advantages:You must form your domestic company within the
You won't pay corporate taxes. This means that youUnited States. Please check with individual states
won't have to pay the double taxation penalty thatbecause laws vary regarding business requirements.
corporations must pay. This means huge tax savingsOnce you've filed the paperwork, be sure to plan
for the owner(s) because it passes through yourahead and establish business lines of credit. Credit is
personal income taxes. However, you're expected toawarded according to the cash you have on hand, not
pay yourself a reasonable salary by industryyour need for it. Stop using your personal credit cards
standards. Your salary is taxed at 15.3%, the sameand pay down the balances. The more responsible
amount as self-employment tax. The IRS keeps anyou are personally, the more likely you'll be able to
eye on businesses that pay unreasonably low salariesestablish credit for your business.
in order to avoid taxes, so be realistic when youStarting an S Corporation does not have to be a
determine your salary to avoid the IRS red flag.headache. Consult with a professional so you'll avoid
You'll have heightened liability protection. While youthe costly mistakes that come with inexperience. Then
won't be protected for everything, for the most part,you can focus on taking your business straight to the
you personal property is protected when you're dealingtop of your market.
with creditors, liens, and lawsuits. Become familiar with