Four Dumbest S Corporation Setup Mistakes

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Four Costly S Corporation Setup Mistakes You Should Avoid


S corporations can significantly reduce your corporate and payroll taxes. However, common setup mistakes can erode these savings. CPA and tax professor Stephen L. Nelson shares insights on how to avoid these pitfalls.

Mistake #1: Not Starting with an LLC


Starting with an LLC is often the best route if you wish to form an S corporation. Think of LLCs as providing robust liability protection with less bureaucracy. Crucially, LLCs can elect to be treated as S corporations for tax purposes. Thus, using an LLC as your foundation simplifies the process and enhances flexibility.

Mistake #2: Ignoring Foreign Corporation Registration Rules


Those enticing ads for forming a corporation in Delaware or Nevada may not be ideal for small businesses. If you're operating in a state like New York, you can't dodge state taxes by incorporating elsewhere. Local laws will require you to register your out-of-state corporation and pay taxes where you earn income.

While large businesses may benefit from Delaware’s sophisticated legal environment, small businesses usually don't. Nevada offers tax incentives, but to take advantage, you need a substantial business presence there?"office, employees, and all.

Mistake #3: Electing C Corporation Status


Before 2004, converting an LLC to an S corporation required first becoming a C corporation?"a process involving complex IRS paperwork. This outdated method is no longer necessary. Today, you only need to file the S election form (Form 2553). Following the old process can result in complications, leaving your LLC as a C corporation without the S election.

The IRS tends to be forgiving in these situations, but seeking professional advice from an accountant or attorney is wise if you find yourself in this predicament.

Mistake #4: Electing S Corporation Status Prematurely


Electing S corporation status can save significant money once your business exceeds owner salaries in profits. However, jumping into S status too early, especially if you're the sole LLC owner, can be costly.

An S corporation incurs the need for filing complex tax returns, conducting payroll?"even if you're the only employee?"and potentially paying additional taxes like the federal unemployment tax. Delay your S status election until your business is profitably established. This patience simplifies accounting and reduces tax-related expenses.

Ultimately, careful planning and understanding of these common pitfalls can optimize the benefits of forming an S corporation.

You can find the original non-AI version of this article here: Four Dumbest S Corporation Setup Mistakes.

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