Skip to main content
April 7, 2023
Question

Will I benefit tax wise by filing as an S Corp for an LLC I formed last fall?

  • April 7, 2023
  • 1 reply
  • 0 views
What tax form and other forms will I need to file.

1 reply

AliciaP1
April 7, 2023

Your electing to be treated as an S-Corp for tax purposes benefits can only be determined with a thorough review of your business operations and income.  It is not an election you just choose to make when it's time to file taxes.  I would suggest seeking out a tax professional in your area to help you with your options.

 

For an LLC to elect to be treated as an S-Corp you need to file Form 2553.  This needs to be filed no more than 2 months and 15 days after the beginning of the tax year the election is to take effect, or at any time during the tax year preceding the tax year it is to take effect.  There is a late-filing relief that can be requested if you make the election more than 2 months and 15 days after the tax year the election will be in effect, but you need a good reason for the late-filing to be granted the relief.

 

Once the election is in effect, you as the owner are required to pay yourself a reasonable salary and pay the appropriate payroll taxes for federal, state, and local governments.  You are required to file annual or (more likely) quarterly payroll tax returns with those same governments and issue a W-2 at the end of the year.  See Should I pay myself a salary as an S-corp owner? for more information on this.

 

Finally, you will file a Form 1120-S and the applicable state business tax return for your tax year that is due March 15 if you file with a calendar year tax year.

 

[Edited 4/8/23 | 8:19 AM PDT]

 

@serapio2010 

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
Employee
April 7, 2023

You only need to file Form 2553 to make the election for the LLC to be treated as an S corporation.

 

See https://www.irs.gov/instructions/i2553#idm139855003812896

 

Regardless, you need to discuss the propriety of making the election with a tax professional and/or legal counsel in your area.

 

See https://www.avvo.com/corporate-incorporation-lawyer.html

 

See https://taxexperts.naea.org/listing/service/corporations