Timing the "S" Corporation Designation

The corporate entity is a very popular one with mostAssuming you decide to form an "S" corporation, it is
businesses. Although traditional "C" corporations areimportant to know the application process with the IRS
frowned upon for small businesses, "S" corporationscan be a bit tricky. The primary issue is the timing of
are viewed more favorably.the filing. All and all, you want to file as soon as you
So, just what are "S" and "C" corporations? Thehave your normal EIN number. If not, you fall into that
technical answer is they different classifications ofstrange world of IRS time ranges and periods. Let's
corporations from both a legal and tax aspect. Fortake a closer look.
instance, a "C" corporation can have as manyThe IRS has made the "S" designation form a
shareholders as it can find while an "S" entity is limitedmysterious one. Filling out the form is fairly simple. Filing
to less than 75.it is not. You must file the form within 2 ½
While there are plenty of technical legal issues, the "S"months of the beginning of the corporation's tax year.
versus "C" choice tends to boil down to a tax question.If you do not, you must wait until the next year to do
As with all tax questions, it is not a simple one per se.so.
One has to look at issues related to the initial financesReading that restriction as any normal human being
of the corporation as well as where the entity willwould, you might expect it to mean that only
ultimately be positioned. For instance, if the intention iscorporations filing the "S" designation before March
to take a corporation public in a few years, one has to16th each year would be approved. After all, January
keep in mind a "C" corporation is the only version that1st is the first day of each tax year, right?
can go public.As with many tax issues, this one is mystic, but not
At the end of the day, a majority of businesses endfatal. What the instructions really mean is the tax year
up going with the "S" designation. The "S" designationstarts on the first day the corporation is formed, does
refers to sub-chapter S of the corresponding sectionbusinesses or pays a salary. As such, a corporation
of the tax code on corporate taxation. As a generalformed on July 1st has until September 16th to file the
rule, a "S" corporation is treated similar to a partnership"S" designation.
with the finances of the corporate entity passingFiling for your "S" tax designation can be confusing.
through to the shareholders in the form of K-1 taxThe best way to avoid getting into a mess is to file it
returns. The shareholders then report the taxas soon as possible after the corporation is formed.
information on their personal returns.By taking this approach, you avoid all the timing issues.