How Do I File as an S-Corporation for My Business During Incorporation?

A person starting a new corporation does NOT file for S-corporation status as the first order of business.

A corporation is formed by filing Articles of Incorporation with the appropriate state agency.  The corporation, once formed, may then file a document with the Internal Revenue Service to elect “S” tax treatment to allow taxation on a pass-through basis.

Thus, the election of “S-corp” status is a tax matter, and not a part of the initial incorporation process.

This topic is covered in detail in the overview of Standard Legal’s Incorporation legal forms software package.

Don’t want to ‘do it yourself’? See the Incorporation Document Preparation Service option.