When it comes to forming a legal entity, there are many options. If you want to establish a corporation, you need to select either an S corporation or a C corporation. This detailed guide describes the strengths, weaknesses, taxes, formation process, and everything else you need to know about S and C to make it easier.
Is it important to know the C Cop and S Corp Differences
A common misconception is that one type of company is better than another. This is incorrect. In many cases, it makes sense to establish an S corporation, and in many cases, the C corporation is a better option.
Ultimately, deciding which is the “best” comes down to a particular business, priority, goal, and future ambition. The reason this decision is so important is that your choice is ultimately how easy you are to pay your taxes, how you collect money, upfront costs, and how easy it is for you to grow your business. Because it affects whether it is.
If you make the wrong choice today, you may be limited in your options if you want to attract outside investors or open your company. On the other hand, today’s right decision will lighten your load. Full control over taxes, ownership, operations, and more. Let’s take a closer look at the basics of S Corps and C Corps and take a closer look at their strengths and weaknesses.
Description of S-Corps
This special designation allows the entity to transfer income, credits, and deductions to shareholders. In short, S corps do not pay income tax-shareholders to distribute income or losses among them and report everything on their individual tax returns. This eliminates the double taxation imposed on CCorps. Since S Corporation is technically in tax status, this business structure cannot be incorporated from the beginning. You must first establish a C corporation and then apply to the IRS for the status of an S corporation. S corps can only issue one class of shares and requires no more than 100 shareholders. All shareholders of S Corporation must be US citizens or residents.
Advantages of S corporation:
- Avoid double taxation
- Reduce self-employment tax
- The eligible business income deduction
- Easy to report losses to offset income
Disadvantages of S Corporation:
- Difficult to raise external funds
- The IRS can revoke S corp status when trying to take advantage of the system
- Only one type of stock can be issued
- More stringent requirements for owners
C Corps explained
A-C legal entity is the default entity when establishing a company in the United States. Like LLC, one of the main reasons people choose to set up a company is limited liability. This protects the C corp owner from creditors and anyone attempting to sue the company. The owner’s personal property is protected.
By default, CCorps is taxed as a separate entity. Therefore, in addition to individual tax returns, corporation C also files a corporate tax return. In other words, business income is basically taxed twice. One tax is levied on the corporate tax return and the other is taxed as a dividend on the individual tax return. Under the new tax cuts and employment laws, C corps pay a flat corporate tax rate of 21%. This is usually lower than many personal income tax rates. C corps also makes it easy to issue multiple classes of shares without shareholder restrictions. Corps C is ideal for growing companies that attract new investors and have the potential to go public in the future.
Benefits of C Corporation:
- 21% uniform corporate tax rate
- Attract external investors
- Easy to raise funds
- Ability to issue two classes of shares
Disadvantages of Company C:
- Double taxation
- No personal logout
- You need to submit two separate tax returns (individual and corporate)
Examples of C Corp Vs S Corp
Let’s look at a fictitious scenario that compares the taxes of corporations S and C. In this case, ABC Company earns $ 100,000 a year.
As a corporation C, this business is subject to a 21% corporate income tax ($ 21,000). The remaining $ 79,000 can be distributed to the owner as a dividend. For dividends of $ 40,401 to $ 445,850, the single filer dividend tax rate is 15%. Therefore, you will pay $ 11,850 as a dividend tax, for a total of $ 32,850. For S corp status, $ 100,000 will be transferred to an individual tax return and each filer will be subject to a tax rate of 24%.
The Tax Reduction and Employment Act allows you to deduct 20% of your business income from your net income and set your taxable income rate at 24%. In this case, you will have to pay a tax of $ 19,200 (24% of $ 80,000). In this case, S corporation pays less tax, but not all factors are taken into account. The purpose of this example is to show that the tax impact can be significantly different depending on whether two companies that earn the same amount in a year are legal entities S or legal entity C.
Simple tips for deciding whether S-Corp or C-Corp is better for your business
Whether you are establishing an S or C corporation, you must follow similar steps to legally establish an entity in the state. The process of forming these two entities is essentially the same, except that you fill out the IRS Form 2533 for the tax status of the S corporation. Setting up a company can be a bit intimidating, especially if you haven’t experienced the process before. Fortunately, using an online forming service like Incfile simplifies this process.