S Corporation

An S corporation is a pass-through entity that files Form 1120-S. Income, deductions, and credits flow through to shareholders' individual returns. Limited to 100 shareholders, one class of stock, and US individual/trust shareholders only.

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Exam Tip

S corp: max 100 shareholders, one class of stock, US individuals only. Debt basis = direct loans only (unlike partnerships). Reasonable compensation required.

What is an S Corporation?

An S corporation elects pass-through taxation under Subchapter S, avoiding double taxation while providing liability protection.

S Corp Requirements

RequirementDetail
Max shareholders100
Stock classesOne class only (voting rights may differ)
Eligible shareholdersUS individuals, certain trusts, estates
Ineligible shareholdersPartnerships, corporations, nonresident aliens
Entity typeDomestic corporation

S Corp vs. Partnership Basis

FeatureS Corp ShareholderPartner
Stock/ownership basisYesYes (outside basis)
Debt basisOnly direct loans to corpShare of all partnership debt
Loss deductionLimited to stock + debt basisLimited to outside basis

Key Tax Rules

RuleDetail
Reasonable compensationRequired for shareholder-employees
DistributionsTax-free up to stock basis
Excess distributionsCapital gain
Built-in gains taxMay apply for C-to-S conversions

Exam Alert

S corp shareholders get debt basis ONLY from direct loans to the corporation (not third-party loans). This differs from partnerships. Reasonable compensation is required -- IRS scrutinizes low salaries to avoid payroll tax.

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