S and C Corporation
What is it?
Both an S Corporation and a C Corporation are corporate entities that fall under different tax subsections. A C Corporation is a standard corporate structure, while an S Corporation holds a special tax status. When you register your business as a corporation, it alters the way the business is taxed.
Advatages for both:
- PROTECTION: Personal Liability Protection: Attain limited liability protection. This means that if someone pursues legal action against your business, your personal assets are not at risk.
- Separate Entity:A corporation is a distinct legal entity separate from you and your personal finances. Once registered with the state as a C Corp or an S Corp, you are distinct from your business.
- Documentation:You will go through the same process to classify your business as a corporation. The Certificate of Incorporation is the same for both a C Corp and an S Corp.
- Anonymous Ownership:You can structure your business in the same way for both types. It will have shareholders and a board of directors.
Overview and Requirements
Overview: S Corporations are corporations that choose to pass income, losses, deductions, and business credits through to their shareholders for federal tax purposes.
Requirements:
- Domestic Corporation: Must be a domestic corporation.
- Shareholders: Can include individuals, certain trusts, and estates.
- Limited Number of Shareholders: Cannot have more than 100 shareholders and can only have one class of stock.
- Ineligibility: Cannot be an ineligible corporation, meaning certain financial institutions, insurance companies, and domestic international sales corporations are excluded.
Corporations: Legal Entities with Distinct Personhood
A corporation is a legal entity with its own personality, existing independently from its owners, and possessing distinct rights and responsibilities:
- State Registration:It must be registered in the state or states where operations will take place.
- Perpetual Existence:The life of the corporation is perpetual, ensuring continuity regardless of changes in ownership.
- Shareholder Structure: A corporation may have one or more shareholders.
- Ease of Share Transfer: The transfer or sale of shares is a straightforward process
- Limited Liability for Shareholders: Shareholders enjoy limited liability, safeguarding their personal assets from corporate liabilities.
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