What Is Subchapter S Corporation

What Is Subchapter S Corporation
Renato Pologna, owner of furniture company OAK Industria Arredamenti, shows a product in the headquarters showroom in Cantu, near Como, Italy on Feb. 17, 2022. PIERO CRUCIATTI/AFP via Getty Images
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The S corporation is often more attractive to small-business owners than a standard (or C) corporation. That’s because an S corporation has some appealing tax benefits and still provides business owners with the liability protection of a corporation. With an S corporation, income and losses are passed through to shareholders and included on their individual tax returns. As a result, there’s just one level of federal tax to pay.

A corporation must meet certain conditions to be eligible for a subchapter S election. First, the corporation must have no more than 75 shareholders. In calculating the 75-shareholder limit, a husband and wife count as one shareholder. Also, only the following entities may be shareholders: individuals, estates, certain trusts, certain partnerships, tax-exempt charitable organizations, and other S corporations (but only if the other S corporation is the sole shareholder).

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