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Who Is Eligible for a Delaware S Corporation and How Much Does Registration Cost?

Creating your company as a S corporation helps safeguard your personal assets from corporate liabilities and reduces double taxes.

Let's go through the S company characteristics in this post and obtain all the information you want to form your own S corporation in Delaware.

An S Corporation is what?

An S corporation is not a formal corporate organization, but rather a sort of federal tax categorization. This implies that becoming a S company isn't something you can do on a whim; instead, you must first register as a C corporation or an LLC and complete certain requirements set out by the Internal Revenue Service (IRS) in order to be eligible.

Your business profits, losses, credits, and deductions will be distributed to shareholders for federal tax purposes if you elect to register as a S corporation. The S in S corporation stands for section S of the IRS, which designates how your company will be taxed.


How a S corp should be run is not subject to any precise rules. However, it is advised that you choose a board of directors, have yearly meetings, and establish company rules to make sure that everything runs well.

What benefits and drawbacks do Delaware S Corporations offer?

Advantages

Asset and liability protection

S corporations enable you to take advantage of their liability protection, which protects your private assets from certain dangers. In other words, you won't be held personally responsible for the company's debts or obligations, and creditors won't be able to seize your property (such as your home, savings, etc.) to pay off business debts.

Flexible tax-planning techniques

By giving you the option of having your income taxed as either a salary or dividends, a Delaware S Corporation allows you freedom in how you arrange your income for tax reasons.

You might categorize the majority of your income as dividends, which are often tax-free or subject to tax at a lower rate than your pay, if you get a salary and are subject to a high tax band for self-employment tax.

To prevent receiving inquiries from the IRS, make sure you arrange your pay and dividend distributions sensibly.

Simple ownership transition

S corporations allow shareholders to transfer ownership to new parties without incurring severe tax penalties or jeopardizing the continued existence of the business.

Disadvantages

Why doesn't every company choose to be a S corporation if it seems like a good idea to incorporate as one? There are various limitations that might make it difficult for your firm to expand and operate, including:

A small number of stockholders

S Corps are limited in their ability to expand during its initial stages of operation by their maximum shareholder cap of 100 and their prohibition on foreign shareholders, specific trusts, or other corporate organizations.



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