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Form Instructions 1120-S California San Bernardino: What You Should Know

What type of tax is S Corporation? S corporation is generally an independent business entity similar to partnership, in many respects. However, s corporations differ from partnerships in some key ways and provide a number of advantages: • S corporations are taxed as partnerships on their profits and losses but are treated as separate legal entities for income tax purposes (as well as a number of other legal and administrative matters). • S Corporations generally file a 1099-MISC to show the business income. However, the income is not included in gross income and is taxed at the business owner's individual tax rate. • S corporation tax returns are simple, free from errors and are completed, signed, and filed in less than 30 minutes. • In addition to the business income that is reported on a Form 1120, S Corporations must report the shareholder's individual tax return on Schedule K-1. What is required to set up a California S corporation? No minimum capitalization amount will be required. However, a business is considered established at the time of the shareholder's receipt of stock, which means they have committed to doing all the things required to keep the corporation going and operating. Capital is defined by California statute as: ... the total sum of (a) all capital invested in the business by a shareholder; (b) all indebtedness of the business; and (c) all debts and advances extended by the business to the shareholder. In order to establish a California S corporation, the following must be true: • The shareholder is a California resident • The California resident has a valid California S business license • The California resident is a shareholder with a valid California S business license. As an example of an investor, a shareholder must have 10,000 in capital, with all funds invested in the business, including all employee stock ownership plans (ESOP) or other debt obligations to the business. Note: The shareholder's capital is not limited to the amounts required by the Corporations Code because that statute doesn't apply to the state of California. Thus, if someone in California made an out-of-state investment of 5,000, the shareholder would not be required to establish 200,000 capital. Instead, the shareholder need only have 10,000 in capital in order to establish the California Business Tax.

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