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S corporations pay a franchise tax of 1.5% of net income in the state of California (minimum $800). This is one factor to be taken into consideration when choosing between a limited liability company and an S corporation in California. For highly profitable enterprises, the LLC franchise tax fees (minimum $800), which are based on gross ...
However, entities organized as corporations under U.S. state laws and certain foreign entities are treated, per se, as corporations, with no optional election. The Internal Revenue Service issued the so-called "check-the-box" regulations in 1997 under which entities may make such choice by filing Form 8832. [19]
This act prohibited shareholders from increasing basis for their portions of the S corporation's excluded cancellation-of-debt income, for discharges of indebtedness after October 11, 2001. This effectively overturned the January 9, 2001, U.S. Supreme Court decision to allow such increases in basis in Gilitz v. Commissioner, 531 U.S. 206 (2001).
This entity classification election is made by filing Internal Revenue Service Form 8832. Absent filing the form, a default classification applies. U.S. corporations of the type that can be publicly traded must be treated as corporations. There is a list of specific foreign entities that must be treated as corporations. [2]
Tax on foreign persons/corporations; inbound international rules 901–908: Foreign tax credit 911–943: Exclusions of foreign income (mostly repealed) 951–965: Taxation of U.S. shareholders of controlled foreign corporations (Subpart F) 971–999: Other international tax provisions 1001–1092
That could mean frustration. The IRS phone lines got 73 million calls during the 2022 tax season, which ended April 18, and according to the National Taxpayer Advocate answered about 10% of all calls.
Unlike prohibited transactions that are rules governing IRAs, the restriction on IRA investment in an S-corporation is an IRS S-corporation rule. An entity is not eligible for Subchapter S taxation if it has IRA shareholders, [14] [15] and its S-corporation election would be terminated if an IRA becomes a shareholder.
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