Small firms might benefit from the liability protection provided by an LLC or Corporation. Investing some money up front and maintaining accurate records will only lead to success.
Giving yourself and your small company the liability protection that an LLC or Corporation affords is always a good idea. After all, paying a little bit of money up front and maintaining accurate records might be the difference between success and failure.
An LLC is the optimum form for certain enterprises. They are often small to medium-sized firms that have elected not to go public and issue shares. Yet, if an LLC isn’t suited for you, how do you choose between the two forms of corporations? To put it another way, should you form an S-Corp or a C-Corp?
If you already believe you know what you’re doing or just want to get started, click the green button immediately. Continue reading for more details. We’ll do our best to assist you.
Table of Contents
The Parallels
Finally, C-Corps and S-Corps are more similar than they are distinct. Both C-Corps and S-Corps have the following characteristics:
Liability Protection: Shareholders in both C-Corps and S-Corps are not normally liable for corporate debts or liabilities. But, if the firm does not stay compliant, liability protection may be lost.
Corporations, unlike LLCs, must have a structure that is divided into shareholders, directors, and officers.
The corporation is owned by its shareholders. They are the ones who choose the board of directors.
Directors are in charge of wider matters including company objectives, affairs, and decision-making. They choose officers.
Officers handle day-to-day company operations.
Corporate Papers and Compliance: Both C-Corps and S-Corps must submit specific paperwork with their state’s regulating agency. These are typically the Articles of Incorporation. Additionally, companies are required to issue stock, pay fees, create and implement rules, and have shareholder and director meetings (as well taking meeting minutes at these meetings).
The Distinctions
The primary distinctions between an S-Corp and a C-Corp are based on three factors: ownership, shareholder rights, and taxes.
Ownership: Since C-Corps allow for an infinite number of stockholders, they are an excellent alternative for bigger organizations. S-Corps may have no more than 100 stockholders, and these shareholders must all be US residents or citizens. Additionally, unlike C-Corps, S-Corps cannot be held by other companies, LLCs, or trusts.
Shareholder Rights: While founding a C-Corp, you may opt to have multiple distinct strata of shareholders, each with different voting rights. Early proprietors or founders often have a larger voice in voting and, hence, the running of the firm. S-Corps, on the other hand, only have one sort of shareholder. As a result, C-Corps may find it simpler to grow and sell shares, since increased flexibility is a significant benefit.
Taxation: First and foremost, both entities pay personal income tax on profits and salaries received from the corporation. Yet, C-Corps pay corporation taxes as well, while S-Corps, like LLCs, are pass-through organizations. What does it all mean? C-Corps may be subject to double taxation. Corporate income is taxed at the corporate level, but dividends are taxed at the individual level in a C-Corp.
(C-Corps file a 1120 tax form, while S-Corps submit a more informal 1120S tax form.) You may learn more about C-Corp corporate taxes here and S-Corp corporate taxation here.
Conclusion
As previously said, C-Corps and S-Corps are more similar than dissimilar. C-Corps have more shareholder rights and ownership flexibility, but this comes with tax ramifications. Larger organizations often incorporate as a C-Corp, but small to medium-sized enterprises frequently incorporate as an S-Corp.
