How to Create a Delaware S Corp: A Handy Guide

Are you looking to start your own business and incorporate as an S Corp in Delaware? Congratulations on taking this exciting step towards entrepreneurship! Creating a delaware s corp is not only a smart move for small business owners but also offers unique advantages that other entities do not.

In this handy guide, we will take you through the necessary steps to create your own Delaware S Corp. From choosing a name to filing articles of incorporation and obtaining necessary licenses and permits, we have got you covered.

So, let’s dive into the benefits of creating an S Corp and get started on building your dream business today!

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Understand the Benefits of an S Corp

You’ll want to understand the perks of opting for an S Corp, as they can provide significant tax advantages and limited personal liability. One of the most significant benefits of an S Corp is that it allows profits and losses to pass through to shareholders without being subject to corporate taxation. This means that S Corps avoid double taxation, which is when a corporation pays taxes on its earnings, and then shareholders pay taxes on their dividends.

When starting a Delaware S Corp, one important step to consider is the formation costs. The expenses may vary depending on various factors, including how much is a LLC in delaware? Let’s explore these expenses further to better understand the process.

Creating a Delaware S Corp provides numerous advantages, but entrepreneurs might wonder about the costs involved, such as how much is an LLC in Delaware. Evaluating all expenses beforehand ensures proper budget planning and helps entrepreneurs make informed decisions.

To successfully form a Delaware S Corp, it is essential to have a clear understanding of the intricate legalities involved. Furthermore, partnering with reputable and experienced delaware LLC services for large corporations can streamline the process, ensuring compliance at every step.

Another benefit of an S Corp is that it has shareholder requirements. Unlike other business structures like LLCs or sole proprietorships, S Corps have strict rules about who can own shares in the company. Shareholders must be U.S. citizens or residents, and there can only be up to 100 shareholders. However, this structure also provides additional protections for shareholders by limiting personal liability.

Understanding the many tax advantages and shareholder requirements of an S Corp is crucial if you’re considering creating a Delaware-based entity. By choosing this business structure, you’ll enjoy unique benefits while minimizing your risk exposure.

Now that you’re aware of these benefits, let’s move onto how to choose a name for your Delaware S Corp without any issues.

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Choose a Name for Your Delaware S Corp

To come up with a fitting name for your S corp in Delaware, it’s important to consider the legal considerations and branding strategy you have in mind.

Legally speaking, the chosen name must be unique and distinguishable from other businesses registered in Delaware. Additionally, avoid using any words that suggest affiliation with government agencies or imply illegal activity.

On the branding side of things, take into account the industry you’re operating in and the target audience you want to reach. It’s essential to select a name that reflects what your company does and communicates your brand’s values effectively. Also, ensure that it’s easy to remember, spell, and pronounce.

Choosing a name for your Delaware S Corp is a crucial step as it will become an integral part of your company’s identity. Once you’ve picked one out, it’s time to move on to filing articles of incorporation.

This process involves completing various forms with information about your business structure and directors’ details before submitting them to the state authorities for approval.

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File Articles of Incorporation

Now that we’ve chosen a name for our Delaware S Corp, it’s time to move on to the next step. We need to file Articles of Incorporation. This process involves gathering the necessary information, completing and filing the required forms, and paying any applicable filing fees. It’s important to follow each step carefully to ensure a smooth and successful incorporation process.

Gather Required Information

First things first, let’s gather all the necessary information to create your Delaware S Corp. To start with, you’ll need to collect all the required documents for filing your Articles of Incorporation. These include the name and address of your corporation, the purpose of your business, and the names and addresses of your directors.

In addition to these basic details, there are also some legal considerations that you should keep in mind when creating an S Corp in Delaware. For example, you’ll need to appoint a registered agent who can receive legal notices on behalf of your company. You may also want to consult with a lawyer or accountant to ensure that you’re meeting all of the state’s requirements for incorporation.

Once you’ve gathered all of this information, you can move on to completing and filing forms with the state government.

Complete and File Forms

Once you’ve gathered all the necessary information and taken care of legal considerations, it’s time to get down to completing and filing the required forms for your S Corp in Delaware.

The most common mistake made by many entrepreneurs is not filling out the forms correctly or missing important deadlines. To avoid this, make sure that you take your time when filling out each form and double-checking everything before submitting it.

Another important thing to consider when completing and filing the forms is timeline considerations. You’ll need to file your Certificate of Incorporation with the Delaware Secretary of State within 120 days after the date on which it was executed. Also, keep in mind that other forms may have different timelines that need to be followed.

To ensure that everything is done correctly and on time, consider hiring a professional who can guide you through the process and help you avoid any costly mistakes.

With these considerations in mind, let’s move onto paying filing fees for your S Corp in Delaware.

Pay Filing Fees

To ensure everything is in order, you’ll need to pay the necessary filing fees for your S Corp in Delaware. Understanding the process and cost breakdown is crucial before proceeding with this step. Below is a table that breaks down the fees required by the state of Delaware:

Fee Type Cost
Initial Filing Fee $90
Annual Franchise Tax Varies based on company assets

The initial filing fee covers the submission of your Certificate of Incorporation to the Division of Corporations. Meanwhile, the annual franchise tax depends on your company’s total number of authorized shares and their par value or stated value, as well as any additional requirements mandated by state law.

Once you’ve paid all necessary fees, it’s time to move onto obtaining necessary licenses and permits. This will allow you to operate your business legally within Delaware while ensuring compliance with local regulations.

Obtain Necessary Licenses and Permits

Don’t forget to obtain all necessary licenses and permits before starting your Delaware S Corp. Depending on the nature of your business, you may need federal, state, or local licenses and permits.

The most common types of licenses include business licenses, professional licenses, and sales tax permits. The application process for obtaining these licenses can be time-consuming and sometimes complicated.

It’s important to research what specific requirements are needed for your industry and location in advance so that you can properly prepare all necessary documents and fees. Once you have obtained all necessary licenses and permits, the next step is to elect S Corp status with the IRS.

This will allow your company to enjoy certain benefits such as avoiding double taxation while still maintaining limited liability protection.

Elect S Corp Status with the IRS

Now that we’ve obtained the necessary licenses and permits, the next step in creating our Delaware S Corp is to elect S corp status with the IRS.

To do this, we need to meet eligibility requirements such as having no more than 100 shareholders and only one class of stock.

Then, we must file Form 2553 with the IRS before the deadline.

It’s important to understand the tax implications of electing S corp status, including pass-through taxation and potential savings on self-employment taxes.

Meet Eligibility Requirements

Meeting the eligibility requirements for a Delaware S Corp is essential to ensure you have the legal foundation needed for your business to thrive. To qualify, your corporation must meet certain criteria such as having no more than 100 shareholders, all of whom are U.S. citizens or residents, and only one class of stock. Additionally, it must operate as a domestic corporation and not be an ineligible entity such as an LLC or partnership.

It’s important to note that there are also legal restrictions on who can own shares in an S Corp. For example, nonresident aliens cannot be shareholders and certain types of trusts may also be excluded from owning shares. By carefully reviewing these eligibility criteria and restrictions with a qualified attorney or accountant, you can ensure that your Delaware S Corp is set up properly and legally compliant before moving on to the next step of filing Form 2553 with the IRS.

Before moving forward with filing Form 2553 with the IRS, it’s crucial to make sure that your Delaware S Corp meets all necessary eligibility requirements and legal restrictions. This will help avoid any potential complications down the line and allow you to focus on growing your business instead of dealing with legal issues. With a little bit of research and guidance from professionals in the field, you can confidently move forward in creating a successful S Corporation in Delaware.

File Form 2553

To file Form 2553 for your S Corp, you’ll need to complete and submit the form to the IRS. The form is relatively straightforward and requires basic information about your business, such as its name, address, and tax identification number.

You’ll also need to provide details about the company’s shareholders and their ownership percentages. Before filing Form 2553, it’s crucial to understand eligibility requirements for an S Corp and the benefits of Subchapter S status.

By electing this status, your business can avoid double taxation on profits while still maintaining limited liability protection for its owners. Understanding these factors is essential in making informed decisions about whether an S Corp is right for your business needs.

Now that you’ve filed Form 2553 and elected Subchapter S status, it’s time to dive into understanding tax implications for your new entity.

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Understand Tax Implications

Understanding the tax implications of your S Corp is crucial for you as a business owner, so let’s dive into what it means for your finances.

As an S Corp, your business will be treated as a pass-through entity, meaning that profits and losses will be passed on to shareholders and reported on their personal tax returns. This can result in significant tax savings compared to traditional corporations where profits are taxed twice – once at the corporate level and again when distributed to shareholders.

Tax planning strategies become essential for ensuring maximum benefits of this pass-through taxation structure. One popular strategy is to pay yourself a reasonable salary while also taking distributions from the company. By doing so, you can minimize payroll taxes while still receiving income from the business.

It’s crucial to consult with a tax professional before implementing any tax planning strategies to ensure compliance with state and federal laws. Additionally, it’s essential to note that Delaware S Corps have similar taxation structures as LLCs, but there are some differences worth considering when deciding between the two entities.


Overall, creating a Delaware S Corp can be a complex process, but it’s well worth the effort for business owners who want to take advantage of the many benefits this type of entity offers.

By understanding the advantages of an S Corp and following the steps outlined in this guide, you can launch your own successful business venture.

Remember that choosing a name for your S Corp is crucial, as it’ll become your brand identity in the eyes of customers and clients.

Filing articles of incorporation and obtaining necessary licenses and permits are also important steps to ensure compliance with legal requirements.

Finally, electing S Corp status with the IRS is key to enjoying tax savings and other benefits associated with this type of entity.

With these steps completed successfully, you’ll be on your way to running a thriving Delaware S Corp.

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