S Corporation Tax Filing: Benefits, Deadlines, and How-to | Bench Accounting (2024)

Will filing for S corp status result in a lower tax bill for your corporation? Or should you remain a regular corporation? And how exactly does reporting the profits or losses of an S corp on your personal tax return work?

Here’s what you need to know.

How are S corps taxed?

S corps don’t pay federal corporate income taxes, so there is not really an “S corp tax rate” (although they may get taxed at the state level). Instead, the company’s individual shareholders split up the income (or losses) amongst each other and report it on their own personal tax returns.

Unlike regular corporations (“C corporations”), this lets S corps avoid double taxation.

Double taxation refers to how income earned by a regular corporation is technically taxed twice: once when the corporation earns income, and again when it distributes dividends to its owners (who then pay taxes on those dividends).

S corps avoid this business tax by passing their income through to their business owners directly as reported on a Schedule K-1 (this is why they’re sometimes referred to as “pass-through” entities).

How do I elect S corp tax status?

To file (or ‘elect’) for S corp status, your business must first be incorporated as a regular C corporation or have filed for LLC status. (Remember: S corp status is a tax designation—you can’t ‘incorporate’ as an S corp.)

If you’re electing S corp status as a C corporation, you must submit Form 2553, Election by a Small Business Corporation to the IRS, signed by all of your company’s shareholders.

If you’re electing S corp status as an LLC, you’ll need to file Form 2553, Election by a Small Business Corporation.

Get a detailed breakdown of how to elect for S corp status with the IRS.

How do I file my taxes as an S corp?

Form 1120S, U.S. Income Tax Return for an S Corporation is the tax form S corporations (and LLCs filing as S corps) use to file their federal income tax return.

1120S is a five page form from the IRS, which looks like this:

S Corporation Tax Filing: Benefits, Deadlines, and How-to | Bench Accounting (1)

You’ll need the following information on hand before filling out 1120S:

  • General information about your business, including your date of incorporation and the date you elected S corp status
  • Your business activity code and your Employer Identification Number (EIN)
  • A profit and loss statement and a balance sheet for your business
  • Information about any payments you made to independent contractors totaling at least $600 for the year (each of whom you should have sent a 1099 form)

Page one of 1120S is divided into four parts:

  1. The top third of the form containing fields A-F is where you’ll input your contact information, dates of incorporation and S corp election, your assets, etc.

  2. The Income section will ask you about all of your company’s revenues for the year, which is information you’ll get from your income statement.

  3. The Deductions section is where you’ll record all of your business’ deductible expenses for the year, which you’ll also get from your income statement (and hopefully have receipts for).

  4. The Tax and Payments section applies to corporations that began the year as a C corporation and filed for S corp status during the current tax year. You’ll use this section to list any estimated taxes you paid during the year, and calculate any taxes you owe or overpaid due to the switch. (This can happen if your C corp earned passive income or sold assets at a profit this year.)

There are also six schedules attached to 1120S, the first three of which are mandatory:

Schedule B, “Other Information,” will ask you a series of yes or no questions about your business’ accounting methods, the types of stock it owns, gross receipts, and a bunch of other stuff.

Your answers to Parts a) and b) of Question 11 are particularly important here—if you answer “yes” to both, you won’t have to fill out Schedules L and M-1 of Form 1120S.

Schedule D is where you’ll report any capital gains or losses your S corporation sustained this year (i.e. money it made buying or selling stocks, bonds and other assets).

Schedule K brings together information about your business’ income, deductions, and any tax credits your business qualifies for. You’ll use the information you bring together on this schedule to file a separate Schedule K-1 for each shareholder in your S corp, based on the percentage of total shares they own.

There are also three optional schedules attached to 1120S:

Schedule L gives the IRS a snapshot of your business’ assets, liabilities and equity, and you’ll use your company’s balance sheet to complete it. Schedule L only has to be filled in by businesses that either a) had more than $250,000 in receipts this year, or b) held more than $250,000 in assets this year. (Schedule B will ask you about this.)

Schedule M-1 is where you’ll report any discrepancies between the profits (or losses) you reported in your books, and the profits you reported on your taxes (due to depreciation or any tax-exempt interest you earned, for example).

Schedule M-2 is where you’ll report changes in your company’s retained earnings, i.e. any profits you held back to reinvest in the business.

Further reading: What is Form 1120S, and How Do You File It?

When is the deadline for filing my S corp’s taxes?

The deadline for filing Form 1120S is March 15, 2023. You can also apply for a six month extension by filing Form 7004. You can file both forms electronically or by mail.

What are the tax benefits of filing as an S corp?

No double taxation

As we mentioned above, regular corporations are taxed at the corporate and personal level, while S corporation income is only taxed at the personal level. If your company is making a profit and you want to take some of those profits out of the company, it’s generally cheaper to do so as an S corp.

No self-employment tax

Unlike owners of sole proprietorships, partnerships and LLCs, S corp owners only pay self-employment taxes on their wages rather than their entire share of the company’s profits. All other income is paid to shareholders in the form of “distributions” that are not subject to self-employment tax, which makes S corporation status very attractive to many small businesses.

For example, let’s say you have a 50% ownership stake in Carl’s Sandwiches, a successful chain of sandwich shops that recently filed for S corporation status with the IRS.

As CEO and founder of Carl’s Sandwiches, you earned a $60,000 salary in 2019, and the company also earned a net profit of $200,000 that year, which you’re entitled to 50% of—or $100,000.

Because Carl’s Sandwiches is an S corp, you’ll only have to pay self-employment tax on the $60,000 salary, and not on the $100,000 distribution.

But there’s a catch

You may wonder why S corp owners don’t just take a salary of $0 to avoid self-employment taxes altogether.

The catch here is that if you’re a shareholder and an employee of the company, which most small business shareholders are, you must pay yourself a “reasonable salary” before paying yourself a tax-free distribution.

What exactly is a reasonable salary? The IRS has no hard and fast rules for this one. But you should try to base it on position, experience, business size and what a comparable position at another company in your industry would earn. Whatever salary you decide on, be sure you’re able to justify it to the IRS if you ever get audited.

Also: watch out for different state rules

While these tax advantages might make S corporation status attractive, S corps aren’t treated equally by each state. For instance, some states choose to follow the federal tax requirements for S corps, while states like New Hampshire, Tennessee and Texas ignore S corporation status and tax those companies as C corporations.

Chat with a CPA or tax professional to make sure you’re aware of your state’s S corporation rules.

So should I elect S corp status?

Generally speaking, this decision should come down to whether or not you plan on taking profits out of your business or reinvesting them back into your business.

Filing as an S corporation can lower your tax bill if you (or any other owner) plan on taking profits out of the company in the form of distributions.

If you’re a new and growing business and intend to reinvest most of your profits back into the business, on the other hand, sticking to C corporation status can leave you with a lower tax bill.

For more on whether C corp or S corp status is right for you business, check out our breakdown of S corps vs C corps. And if you’ve decided to become an S corp, we’ve got a guide to the forms you need to fill out.

And as always, you shouldn’t make any drastic tax move like this before consulting a CPA, tax attorney or other expert that has expertise in tax planning. They’ll be able to tell you definitively whether S corp status is right for your particular business situation.

And if you want someone else to take care of the bookkeeping and tax filing for your S corp, check out Bench. We’ll take everything off your plate, for good.

S Corporation Tax Filing: Benefits, Deadlines, and How-to | Bench Accounting (2024)

FAQs

What are the tax benefits of filing as an S corporation? ›

Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income.

What is the accounting method for S corp? ›

S corporations can choose either the cash or accrual method of accounting unless they maintain inventory, in which case they must use the accrual method. C corporations generally cannot use the cash method.

What is the 60 40 rule for S corp? ›

What is the 60/40 rule? The 60/40 rule is a simple approach that helps S corporation owners determine a reasonable salary for themselves. Using this formula, they divide their business income into two parts, with 60% designated as salary and 40% paid as shareholder distributions.

How do you calculate taxable income for an S corporation? ›

Divide the taxable income from IRS form 1120-S by the number of total shares. For each individual shareholder, multiply the result by the number of shares they hold. Complete Schedule K, which is the form the corporation must file to list how much income is attributable to each shareholder for the taxable year.

What are the 2 main disadvantages of an S corporation? ›

Disadvantages of S corporation types include legal barriers that prevent them from having more than 100 owners or having shareholders that are non-U.S. persons. S corporations are also handicapped by requirements to hold annual meetings and appoint a board of directors.

What are the benefits of filing as an S corp vs LLC? ›

The biggest difference between S corporations and LLCs is how they are taxed. S corporations are taxed as pass-through entities, meaning that the profits and losses are passed through to the shareholders' personal tax returns, while LLCs can choose to be taxed as either a pass-through entity or a corporation.

Does an S corp need a balance sheet? ›

Throughout the tax year, you must maintain a detailed balance sheet for your S corporation. When it comes time to file taxes, you'll be able to refer to this sheet in order to remain organized.

Does an S corp have a balance sheet? ›

An S corp balance sheet includes a detailed list of your company's assets and liabilities. Creating and maintaining an S-corp balance sheet is critical to a corporation's success. These sheets are required by the IRS, in addition to profit and loss statements.

What is the formula for corporation accounting? ›

The basic accounting equation is used to calculate how much a company is worth, based on the amount of money that has already been invested and the cost of any obligations. The formula for the basic accounting equation is as follows: Assets = Liabilities + Owner's Equity.

What is the 2% rule for S corp? ›

(A 2-percent shareholder is someone who owns more than 2 percent of the outstanding stock of the corporation or stock possessing more than 2 percent of the total combined voting power of all stock of the corporation.)

What is the 10 year rule for S corp? ›

The corporation must determine whether it has a net unrealized built-in gain in its assets on the effective date of the relevant transaction. If it does, it must track its dispositions of these assets for the next 10 years.

What is the 2 year rule for S corp? ›

If, after the 2-year period, the trust continues to hold S corporation stock and does not otherwise qualify as a permitted shareholder, the corporation's S election terminates. If the termination is inadvertent, the corporation may request relief under section 1362(f).

Can I pay myself a bonus from my S Corp? ›

S Corp Bonuses

The owners or shareholders of an S corporation can receive money, including loans, bonuses and proportionate distributions of the revenues earned by the business. Unlike a valid distribution that is not subject to tax withholding, a bonus is a fully taxable compensation.

What is the 5 year rule for S Corp? ›

Once a valid S corporation election is terminated or revoked, the corporation or any successor corporation is generally prohibited from making a new election for five years. The five-year period begins with the tax year after the first tax year for which a termination or revocation is effective (IRC § 1362(g) ).

What is the minimum salary for the owner of an S Corp? ›

Is There a Minimum Salary for S Corp? No, there is not a minimum salary for S Corp. The IRS can't require a minimum salary for self-employed workers. This requirement only applies if S Corp owners are paying distributions to shareholders.

What is the main advantage of an S corp? ›

One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners' personal assets are shielded from the claims of business creditors—whether the claims arise from contracts or litigation.

What is the highest tax rate for an S corporation? ›

The S corp income tax rate refers to the federal, state, and local individual income taxes that S corporations are required to pay. Owners of S corporations need to pay 0 to 13.3 percent state and local income taxes and a top marginal rate of 39.6 percent for federal personal income taxes.

What are the pros and cons of choosing to get taxed as an S corporation? ›

Conclusion
  • S corporation advantages: pass-through taxation, limited liability protection and credibility.
  • S corporation disadvantages: complicated obligations and stock-related restrictions.
  • Conclusion.
Oct 27, 2022

Is it better to file as an S corp as a single member LLC? ›

As an LLC owner, you'll incur steep self employment taxes on all net earnings from your business, whereas an S corporation classification would allow you to only pay those taxes on the salary you take from your company. However, itemized deductions could make an LLC a more lucrative choice for tax purposes.

Why would anyone choose LLC over S corp? ›

A major advantage of the LLC over the S corporation is that it can provide pass-through taxation without having to meet the requirements of Subchapter S.

When should you switch from LLC to S corp? ›

In general, you'll want to consider converting from an LLC, partnership or sole proprietorship to an S-corp when your profits are greater than the amount that you'd reasonably expect to pay in owner salaries.

Do I need a bookkeeper for my S corp? ›

S corp bookkeeping is an important part of running your corporation and maintaining your special S corp tax election. You will need to keep accurate records of your business transactions so that you can fulfill your annual reporting requirements.

What happens to money left in an S corp? ›

At the end of each year, all S corporation profits are allocated to the corporation's shareholders. Even if you and your fellow shareholders choose to leave some or all of the profits in the corporation, taking nothing as distributions or salaries, you will still be required to pay tax on those profits.

Does an S corp need its own bank account? ›

To open an S corporation bank account, you must first obtain an Employer Identification Number (EIN). You may need two bank accounts, one for regular business transactions and another one for depositing the withheld taxes.

Can an S corp have accumulated earnings and profits? ›

Subsequent distributions by the S corporation to the shareholders often can be made tax-free. However, the taxation of distributions is more complicated if the S corporation has C corporation accumulated earnings and profits (E&P). An S corporation does not generate E&P.

Does S corp count as income? ›

S corporations are taxed by the IRS as pass-through entities. Because of pass-through taxation, the S corporation doesn't pay federal income tax on its business income the way a C corporation does.

Is a salary an expense for S corp? ›

In an S corp, the owner's salary is considered a business expense, just like paying any other employee. Any net profit that's not used to pay owner salaries or taken out in a draw is taxed at the corporate tax rate, which is usually lower than the personal income tax rate.

What are the golden rules of accounting? ›

Take a look at the three main rules of accounting: Debit the receiver and credit the giver. Debit what comes in and credit what goes out. Debit expenses and losses, credit income and gains.

What are the golden rules of accounting with example? ›

Golden Rules of Accounting
  • 1) Rule One. "Debit what comes in - credit what goes out." This legislation applies to existing accounts. ...
  • 2) Rule Two. "Credit the giver and Debit the Receiver." It is a rule for personal accounts. ...
  • 3) Rule Three. "Credit all income and debit all expenses."

What is the accounting equation for beginners? ›

It has the following formula: Assets = Liabilities + Owner's Equity. For every transaction in a business, there is a balance that is happening between the three elements of the accounting equation. Assets will always equal the sum of liabilities and owner's equity.

What are 2% shareholder benefits for S corp? ›

2% Shareholder Employee

Discounts, on premise athletic facilities, de minimis fringe, retirement planning services •Educational assistance programs – sometimes! Dependent care assistance programs – sometimes! Working condition fringe – sometimes!

Do you get taxed twice on S corp? ›

Avoiding Double Taxation

The S Corp and LLC are two of the most common and favorable business structures for small businesses, since both avoid double taxation. LLCs and S Corps are taxed more like a sole proprietorship or partnership as opposed to a C Corp, which is taxed as a separate entity from its owners.

What is the 50 50 rule for S corp? ›

The 50/50 Rule is not a hard and fast rule but rather a guideline. It suggests that approximately 50% of the company's profits should be paid out as a salary to the owner-employee, while the remaining 50% can be taken as a distribution.

How many years can you take losses on an S corp? ›

The IRS will only allow you to claim losses on your business for three out of five tax years. If you don't show that your business is starting to make a profit, then the IRS can prohibit you from claiming your business losses on your taxes.

How often can S corp owners take distributions? ›

An S corporation's unique tax status dictates that it must allocate the profits to the shareholders each year, but there is no requirement for the company to distribute them. State law can determine whether the corporation holds on to the money as working capital or distributes the profits.

Can an S corp run payroll once a year? ›

For example, many S corporations pay shareholder wages annually, but you may choose to pay wages more frequently (e.g., quarterly) for tax reporting purposes.

How much passive income can an S corp have? ›

An S corporation with accumulated earnings and profits that also has passive investment income totaling more than 25 percent of gross receipts is subject to an income tax computed by multiplying excess net passive income by the highest corporate income tax rate ( Code Sec.

What is the 80 rule for S corp? ›

An S corp subsidiary is a situation in which an S corporation owns more than 80 percent interest in another corporation. An S corporation is considered a pass-through tax entity, which means that shareholders report all income, losses, credits, and deductions on their individual tax returns.

How do I maintain my S corp status? ›

Five easy steps to maintaining your corporate status
  1. Hold shareholders' and directors' meetings. ...
  2. Document shareholders' and directors' corporate decisions. ...
  3. Maintain a separation between the corporation and the owners/officers/directors. ...
  4. Keep detailed financial records. ...
  5. File a separate corporate income tax return.
May 11, 2023

How do I record owner's draw in S Corp? ›

Owner's draw in an S corp

Since an S corp is structured as a corporation, there is no owner's draw, only shareholder distributions. But a shareholder distribution is not meant to replace the owner's draw. Instead, you must take a salary as a W-2 employee.

Is it better to take owners draw or salary? ›

For sole proprietors, an owner's draw is the only option for payment. A salary payment is a fixed amount of pay at a set interval, similar to any other type of employee. Taxes are withheld from salary payments but not from an owner's draw.

Does owner's draw count as income? ›

For many individuals, an owner's draw is classified as income and may be subject to federal, state, local, and self-employment taxes, so it's important to plan ahead before filing taxes.

What are the tax changes for S corp in 2023? ›

15% corporate minimum tax

Under this change, a new minimum 15% tax would apply based on annual income posted in a corporation's financial statement, rather than the corporation's taxable income, effective on January 1, 2023.

How is taxable income calculated for an S corp? ›

How are S corps taxed? S corps don't pay federal corporate income taxes, so there is not really an “S corp tax rate” (although they may get taxed at the state level). Instead, the company's individual shareholders split up the income (or losses) amongst each other and report it on their own personal tax returns.

Do I have to file an S corp election every year? ›

How Often Do I Need to File Form 2553? Once a small business files Form 2553 and is approved by the IRS to be treated as an S Corp, the election remains valid, and the business owner does not have to file Form 2553 every year.

Why pay yourself a salary on S corp? ›

By paying reasonable salaries to its shareholders as required, the S-corp can avoid having their tax-favored distributions questioned by the IRS and reclassified as salaries. And while those salaries are subject to employment tax, those taxes are deductible by the S-corp.

Can my wife be an employee of my S corp? ›

Yes, your wife can be an employee of your S corporation (S corp). S corporations allow for a variety of individuals to be employees, including family members. As long as your wife performs bona fide services for the S corp and receives reasonable compensation for her work, she can be considered an employee.

Does S corp save you money on taxes? ›

Tax advantages

The main benefit of incorporating as an S corporation over being self-employed is the tax savings on self-employment taxes (Social Security and Medicare). For each dollar of profit, it could mean as much as 14.13% in savings when it's time to pay taxes.

Does an S corp lower taxable income? ›

S Corps can deduct various business expenses, such as salaries, wages, bonuses, rent, utilities, and supplies. Deducting these expenses can reduce your taxable income and lower your tax liability. It's essential to keep accurate records and ensure all deductions are legitimate and necessary.

What percentage does an S corp pay in taxes? ›

What is the tax rate for S corporations? The annual tax for S corporations is the greater of 1.5% of the corporation's net income or $800. Note: As of January 1, 2000, newly incorporated or qualified corporations are exempt from the annual minimum franchise tax for their first year of business.

What are the biggest tax write offs for an S corp? ›

The Best Tax Deductions for S-Corporations: State & Local Taxes, Fees & Advice. Your local and state income taxes, excise taxes, sales taxes, and incurred use taxes can typically qualify as business expenses, which makes them tax deductible.

How much do you save by filing as an S corp? ›

S-Corp election lets you split your profits into “shareholder wages” (subject to 15.3% self-employment taxes) and “distributive share” (NOT subject to 15.3% self-employment taxes). Active owners in an S-Corp must pay themselves a reasonable salary, but realize a 15.3% savings on the rest of their retained profits.

Does an S corp pay taxes on revenue or profit? ›

Because of pass-through taxation, the S corporation doesn't pay federal income tax on its business income the way a C corporation does. Instead, business income, deductions, losses, and other tax items flow through (or pass through) to the business owners (e.g., the shareholders).

What happens to money left in an S Corp? ›

At the end of each year, all S corporation profits are allocated to the corporation's shareholders. Even if you and your fellow shareholders choose to leave some or all of the profits in the corporation, taking nothing as distributions or salaries, you will still be required to pay tax on those profits.

How do I calculate my basis in S Corp? ›

In computing stock basis, the shareholder starts with their initial capital contribution to the S corporation or the initial cost of the stock they purchased (the same as a C corporation). That amount is then increased and/or decreased based on the pass-through amounts from the S corporation.

What is the S corp tax rate 2023? ›

Stay informed on the tax policies impacting you.
StateRatesBrackets
California8.84%$0
Colorado4.40%$0
Connecticut (a)7.5%$0
Delaware (b)8.7%$0
82 more rows
Jan 24, 2023

Does an owner of an S corp have to take a salary? ›

Setting Up Payments in an S Corp

Generally, owners of an S corp qualify as employees of the business and must receive a salary. If you're an owner who's actively involved in managing your S corp, you're considered an employee of the company and you'll pay yourself a W-2 salary.

How many times is an S corp taxed? ›

An S Corp is taxed differently from C Corporations, as the S Corp avoids double-taxation. The S Corp doesn't pay corporate income tax. Instead, the business passes through its profits to the shareholders who must report a portion of the profits on their personal tax return (Form 1040).

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