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S corporations have become an increasingly popular business structure for many small businesses due to their tax advantages and liability protection.

And they are a common tool among tax planners.

But entity planning isn’t a one-size-fits-all approach.

There are several important factors to consider before electing S-Corp status.

Here’s what you need to know when selecting an S-Corp:

Eligibility for S-Corp:

  • Must be a domestic corporation
  • Cannot have more than 100 shareholders
  • Shareholders must be individuals, certain trusts, or estates (no partnerships or corporations)
  • Only one class of stock is allowed
  • Cannot have non-resident alien shareholders

Compensation for S-Corp:

  • S Corp owners who work in the business must be paid a “reasonable” salary
  • The IRS scrutinizes S-corps to ensure owners aren’t underpaying themselves to avoid payroll taxes
  • Remaining profits can be distributed as dividends, which aren’t subject to self-employment tax

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