California Business: Forming A S Corporation
June 22, 2008 12:00 pm Business, California BusinessThere are many strict regulations that you must follow if you plan on forming an S Corporation. There are many tax benefits that companies receive if they incorporate in California as an S Corporation. All of these preferential tax rates and treatments will be lost if the rules of this entity are violated.
Guidelines of Forming an S Corporation
A major difference between S and C Corporations is the types of class each entities allow. C Corporations allow all types of stock to be issued and authorized. An S Corporation may only have one class of outstanding stock. This means that no preferred stock can be issued by the company.
Since the rule changes of 1996, an S Corporation is only allowed to have up to seventy-five shareholders at one time during the year. A husband and wife are considered to be one shareholder, as is the estate of a decedent. If a person owns stock in more than one capacity, then that person only counts as one shareholder.
Forming an S Corporation is a great way to increase the cash flow of your company instantly. Who wants to be tied down with the double taxation treatment of C Corporations or the untested laws of limited liability companies. Perhaps the shortest route to success is to incorporate a small business in California.
