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Where To Look To Create A Florida S Corporation

Mar 22, 2008
The regular corporation who enjoys the "S Corporation" tax status is known as S corporation. So having a S corporation status means that it will not only enjoys the benefits of LLC or Limited-liability Corporation but also enjoys the tax benefits of partnership or sole proprietor.

Rest of the regular corporation except S Corporation is known as C Corporation. This Corporation has to pay tax on business profit basis plus the owner has to individual income tax. S Corporation is free from this double taxation.

Like any other tax return the profits in S corporation are filed according to owner's personal tax return but it doesn't have to have taxes on income from the business. This is basic law in S corporation and it is followed in most of the state. However some states may have some different laws.

The law is same in Florida. S corporation in Florida, commonly know as Florida S Corporation is not any exceptional. There are several advantages of having a Florida S Corporation like it will allow you to claim business losses (if any) while filing your tax return thus giving you an open chance to offset any other extra income. Beside this self-employment taxes are not there for the shareholders.

A business can't be without any disadvantage. S corporation is not an exception at all.

The disadvantages of it are as follows:

You can have limited number of shareholders for example 100 share holders.

S corporation can't remove the cost of fringe benefits provided to the employee-shareholders who have 2% of the company's share.

There are some requirements while forming a S corporation in Florida which you have to follow word by word.

The S corporation has to file IRS Form 2553 along with IRS timely. A new S corporation must make an election within 75 days otherwise it has to move back to C corporation in that calendar year and on the next calendar year they can move to S corporation.

S corporation in Florida must have 75 shareholders. Before 1997 it was 35 but now it is 75. Even if both husband and wife have shares of the same S corporation then it is counted as one share holder because the rule says that for married couple the count is one share holder. Each shareholder must be USA citizen.

S corporation can have one class of stock. Voting and nonvoting shares are not considered as one class. Preferred stocks are not acceptable as any class. When dept are considered as equity then it is second class.

Florida S Corporation is domestic corporation and they have to follow the laws of USA and other local laws. Before 1997 there were no subsidiaries but now a days you can have qualifying subsidiaries who can own 80 percent of the stock of any C corporation.

C corporation subsidiary can join in the election for a consolidate return while S corporation can't join the election. The fiscal year must be the current calendar year or less they have to prove that another fiscal year will be the best for their business purpose.

The basic difference between the LLC Florida and the S corporation is the s corporation are recognized by the IRS and the LLC corporation are not recognized by the IRS. So the single member in LLC has to file sole proprietorship while many members in LLC try to give tax as corporations.
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