04 Mar 2025
Watch Out! Common Pitfalls with LLCs Taxed as S Corporations
A limited liability company (LLC) can be taxed as an S corporation, but an S corporation is not always a good choice. Learn the tax options available to LLCs and the advantages and disadvantages of electing to be taxed as an S corporation. When evaluating the procedures for eligibility, use this checklist to focus on the definition of small business corporations, eligible entities, ineligible entities, terminations, late election relief, and Form 2553, Election by a Small Business Corporation.
Related Content
- Eligibility Requirements for S Corporations
Learn more about S corporations, which are regular corporations with between one and 100 shareholders. They pass through their net income or losses to their shareholders. Therefore, the corporation itself is not subject to U.S. federal income tax, and files an informational return. When you consult a client who desires to elect S corporation status, you must advise carefully of the eligibility criteria.
- Partnership and Other Pass-through Entities Taxation Resource Kit
Learn more about the taxation of pass-through business entities such as partnerships, LLCs, and S corporations. Before beginning business as a pass-through entity, you will want to start with a review of the advantages and disadvantages. Once you have decided that a pass-through entity is the best entity choice you will need to take steps to form the entity.
Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.
- Tax Key Legal Developments Tracker (Federal) (Current)—keep up to date with key legal developments!
- Business Entities. Trump Administration freezes issuance of proposed and final regulations pending review. The White House, Regulatory Freeze Pending Review.
- Practice, Procedure, and Controversy. IRS issues guidance providing the exclusive procedures for certain applicable entities, as defined in R.C. § 6417(d)(1)(A)and the regulations thereunder, that are not required to file either a federal income tax return under I.R.C. § 6011 or an annual information return under I.R.C. § 6033(a), but previously filed a Form 990-T solely to make an elective payment election under I.R.C. § 6417, to change their annual accounting period. Rev. Proc. 2025-6, I.R.B. 2025-6.
- Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
- New! Discover Practical Guidance Content and Resources
Read this update to see the newest additions to Practical Guidance. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively. - Keep current on Trump administration developments by referencing the Presidential Executive Actions Tracker, Legal Challenges to 2025 Presidential Executive Orders and Actions Tracker, and Trump Transition Resource Kit for up-to-date developments from the new Trump Administration.
- The Practical Guidance Journal 2025 Edition One features guidance on what attorneys need to know about deepfake technology, a look ahead at AI risk management, an artificial intelligence checklist, and a review of cautions and key AI legal issues in DEI and employment discrimination.
- Browse the Practical Guidance Author Center to see the 2000+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
- Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
- New and Recently Updated Practical Guidance Content
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- Expatriation Tax: The Tax Consequences of Renouncing U.S. Citizenship
- Tax Implications of Name, Image, and Likeness (NIL) Rights and Collectives
- Partnership Taxation: Current (Non-liquidating) Distributions
- Partnership Agreements and Allocations under Code Section 704(b)
- Federal Tax Policy to Watch in 2025
- Top Federal Tax Cases to Watch in 2025
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