A Corporation's "S Election "for Tax Purposes
A corporation can make a special federal and state tax election to change its tax status. This converts a regular corporation ("C" corporation) into an "S" corporation. For income tax purposes, the "S" corporation is treated as a sole proprietorship or partnership. The "S" corporation does not pay income tax. Instead, the income and expenses are passed through to the individual shareholders and are taxed at the individual rate.
An "S" corporation is particularly advantageous for new businesses that generate operating losses. The losses are passed through to the shareholders who can deduct them against other income. The shareholder must personally be involved in the corporations business activity on a regular basis to take advantage of this deduction and; cannot deduct losses exceeding her actual investment.
There are two disadvantages to an "S" corporation compared to a "C" corporation. First, certain business expenses, such as employment benefits, are not deductible by the corporation. Second, there is no favorable tax rate for money kept in the business as retained earnings. Shareholders must pay income tax on their share of the corporation's income, regardless of whether the money was paid out or kept in the corporation as retained earnings.