Skip to main content
January 9, 2023
Solved

I'm an LLC that is filing taxes as an s-corp I applied for the fed s-corp status using form 2553. I am aware I need to file 1120s, do I need to register in NY as scorp?

  • January 9, 2023
  • 1 reply
  • 0 views
and do I need to file s-corp taxes in NYS in addition to my personal NYS taxes?  BTW, not in NYC.  
Best answer by Anonymous_

Most states accept the S corporation election (2553) without further issue. 

 

With respect to New York, you most likely will not have to register separately since you have done so with respect to your LLC articles of organization and the state should accept your federal election. However, you might want to confirm this with the state. 

 

See https://www.upcounsel.com/new-york-s-corporation-election

 

See also https://www.nolo.com/legal-encyclopedia/annual-report-tax-filing-requirements-new-york-llcs.html

1 reply

Employee
January 9, 2023

See https://www.tax.ny.gov/pdf/current_forms/ct/ct6i.pdf

 

Instructions to treat a corporation as an S corporation.

January 9, 2023

Thanks I've been to that site/form.  I guess my question is more related to do I need to register in NY or do I just file my taxes as a business vs my personal?  or does it all get incorporated into my personal.  The form explains how you would do it, not when you have to or if you have to.  my question might be a bit basic I guess. 

 

Employee
January 9, 2023

Most states accept the S corporation election (2553) without further issue. 

 

With respect to New York, you most likely will not have to register separately since you have done so with respect to your LLC articles of organization and the state should accept your federal election. However, you might want to confirm this with the state. 

 

See https://www.upcounsel.com/new-york-s-corporation-election

 

See also https://www.nolo.com/legal-encyclopedia/annual-report-tax-filing-requirements-new-york-llcs.html