S corporation guides

How to start an S corp in any state.

Form an LLC or corporation, then elect S status with the IRS. Each guide covers the state filing, Form 2553, any state election, payroll and what the state taxes.

Checked against official state sourcesUpdated All 50 states

Weighing S corp against C corp? Compare them side by side

ALAlabamaNo separate state electionAKAlaskaNo separate state electionAZArizonaNo separate state electionARArkansasNo separate state electionCACaliforniaNo separate state electionCOColoradoNo separate state electionCTConnecticutNo separate state electionDEDelawareNo separate state electionFLFloridaNo separate state electionGAGeorgiaNo separate state electionHIHawaiiNo separate state electionIDIdahoNo separate state electionILIllinoisNo separate state electionINIndianaNo separate state electionIAIowaNo separate state electionKSKansasNo separate state electionKYKentuckyNo separate state electionLALouisianaNo separate state electionMEMaineNo separate state electionMDMarylandNo separate state electionMAMassachusettsNo separate state electionMIMichiganNo separate state electionMNMinnesotaNo separate state electionMSMississippiNo separate state electionMOMissouriNo separate state electionMTMontanaNo separate state electionNENebraskaNo separate state electionNVNevadaNo separate state electionNHNew HampshireNo separate state electionNJNew JerseyNo separate state electionNMNew MexicoNo separate state electionNYNew YorkState election: Form CT-6NCNorth CarolinaNo separate state electionNDNorth DakotaNo separate state electionOHOhioNo separate state electionOKOklahomaNo separate state electionOROregonNo separate state electionPAPennsylvaniaNo separate state electionRIRhode IslandNo separate state electionSCSouth CarolinaNo separate state electionSDSouth DakotaNo separate state electionTNTennesseeNo separate state electionTXTexasNo separate state electionUTUtahNo separate state electionVTVermontNo separate state electionVAVirginiaNo separate state electionWAWashingtonNo separate state electionWVWest VirginiaNo separate state electionWIWisconsinNo separate state electionWYWyomingNo separate state election

The process

Six steps to S corporation status.

The federal election is the same everywhere. The entity you form and how your state treats it are what change.

  1. Form an LLC or corporationFile with your state and pay the state fee.
  2. Get an EINThe IRS needs it on Form 2553.
  3. File IRS Form 2553Within 2 months and 15 days of the tax year's start.
  4. Handle any state electionMost states follow the federal election; a few don't.
  5. Run payrollPay working owners a reasonable salary.
  6. File Form 1120-SBy March 15 for a calendar year, with K-1s for owners.

State rules worth knowing

Where the state election differs.

Separate state election required

These states don't accept the federal election alone. File the state's own form too; the guide names it.

State tax on S corporations

Some states tax S corporations at the company level, through a franchise tax, a minimum tax or a business profits tax, even though federal tax passes through. Each state guide spells out what applies there.

Annual reports and franchise taxes, explained

Questions

S corporation questions, answered.

Can't find your answer? Call us at 801-477-5991 or ask our AI assistant.

Is an S corp a type of business entity?

No. An S corporation is a federal tax status. You form an LLC or a corporation with your state, then elect S status by filing IRS Form 2553. The legal entity doesn't change; only how it's taxed does.

When does an S corp election save money?

When the business earns comfortably more than a reasonable salary for the work you do. Owners pay payroll taxes on that salary, but profit paid out beyond it as distributions isn't subject to self-employment tax. Below that point, the added payroll and tax-prep costs can outweigh the savings.

When is Form 2553 due?

To cover the current tax year, file no more than 2 months and 15 days after the tax year begins, or any time during the year before. For an existing calendar-year business, that's March 15. The IRS grants late-election relief in many cases with reasonable cause.

Who can be an S corporation shareholder?

Up to 100 shareholders who are U.S. citizens or residents, plus certain trusts, estates and tax-exempt organizations. Partnerships, corporations and nonresident aliens can't own S corporation shares, and there can be only one class of stock.

Do states recognize the S corporation election?

Most states follow the federal election automatically, but a few require their own state election, and some tax S corporations at the entity level anyway. Each state guide explains how that state treats S corporations.

Can a single-member LLC be an S corp?

Yes. A single-member LLC can elect S corporation taxation by filing Form 2553, as long as the owner is an eligible shareholder. The owner then pays themselves a reasonable salary through payroll.

Ready to set up your S corp?

About ten minutes, from $0 plus your state fee.