How to Create a North Carolina S Corp: A Handy Guide

Are you looking to create a business in North Carolina? Have you considered forming an S Corporation? If not, it’s worth exploring the benefits of this type of corporation.

As entrepreneurs ourselves, we understand the importance of maximizing profits while minimizing taxes and liability. This is where an S Corporation comes in handy.

Firstly, an S Corporation allows for pass-through taxation, which means that the business’s income flows through to its owners’ personal tax returns. This avoids double taxation on both the corporate and personal levels. Additionally, S Corporations offer limited liability protection to their shareholders. This means that if something goes wrong with the business, your personal assets are protected from being seized by creditors or lawsuits.

With these advantages in mind, let’s dive into how to create an S Corporation in North Carolina step-by-step.

When considering forming an S Corp in North Carolina, one vital aspect to evaluate is the cost. Additionally, the expenses of establishing a limited liability company (LLC) in North Carolina, including “how much is an LLC in North Carolina“, need thorough consideration to make an informed decision.

When establishing your North Carolina S Corp, it’s essential to examine all potential business structures, including forming an LLC. Alongside discussing the requirements and benefits of creating an S Corp, you may wonder just how much is an LLC in North Carolina.

When starting a business in North Carolina, one common consideration is the cost of establishing a legal entity. Many entrepreneurs wonder, “How much is a LLC in North Carolina?” We’ll delve into the details of setting up an S Corp in this guide, but don’t forget to account for potential fees associated with forming an LLC as well.

While the process of creating a North Carolina S Corp may seem daunting, understanding the essential steps and seeking guidance from reputable north carolina LLC services for large corporations can simplify the process and ensure compliance.

When looking to establish a North Carolina S Corp, it’s crucial to consider the utilization of expert guidance. These professionals can offer a wide range of services, including tailored advice and assistance for large corporations seeking to operate as an LLC in North Carolina.

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Understand the Benefits of an S Corporation

If you’re looking to create a north carolina s corp, it’s important to understand the many benefits that come with this type of business structure.

One of the biggest advantages is the tax implications. With an S Corp, profits and losses are passed through to shareholders and reported on their individual tax returns. This means that the company itself doesn’t pay federal income taxes, which can lead to significant savings for owners.

Another benefit of an S Corporation is the shareholder limitations. Only individuals and certain types of trusts can be shareholders in an S Corp, which helps ensure that control remains with those who have a vested interest in the success of the business. Additionally, there is a limit on the number of shareholders allowed in an S Corp 100 or fewer which helps maintain a sense of community within the organization.

Understanding these benefits is crucial when considering whether an S Corporation is right for your business needs. Now that you know some key advantages, let’s move on to choosing a name for your s corporation an important step in creating your new entity.

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Choose a Name for Your S Corporation

When choosing a name for our S Corporation, we need to make sure that it’s available and unique. We can conduct a search on the North Carolina Secretary of State’s website or hire a company to do it for us to check availability.

Once we have found an available name, we can reserve it for up to 120 days by filing an application with the Secretary of State’s office.

Checking Availability

First things first, you gotta check if the name for your North Carolina S corp is available. Conducting research is crucial and can help avoid legal requirements in the future. Here are some steps to follow when checking availability:

  • Visit the North Carolina Secretary of State’s website and use their Business Entity Search tool.
  • Try different variations of your desired name to increase the chances of finding an available option.
  • Check for similar-sounding names or those that could be easily confused with existing businesses.
  • Consider consulting a lawyer or business registration service for further guidance.

Once you’ve confirmed that your chosen name is available, it’s time to move on to reserving it. This step secures your preferred name until you’re ready to file your Articles of Incorporation.

Reserving the Name

To secure your desired name, reserve it through the North Carolina Secretary of State’s website. The name reservation process is crucial because it ensures that no other corporation or LLC can use the same name in North Carolina. It is important to choose a unique name that represents your brand well and is memorable for customers. Once you have chosen a name, verify its availability on the Secretary of State’s website and then follow these simple steps to reserve it:

Step Action Fee
1 Go to the NC Secretary of State’s website and log in or create an account. N/A
2 Click on “Business Registration”then “Business Name Availability Search”. Enter your desired business name and click search. N/A
3 If your desired business name is available, select “Reserve this Name”and complete the online form. $30

After reserving your desired business name, you will receive a confirmation email from the Secretary of State’s office with details about how long your reservation will last. Now that you have secured your business’ identity, it’s time to move on to filing articles of incorporation.

Choosing a unique name for your S Corp is imperative as it helps establish your brand identity among potential customers. Now that we have reserved our preferred business name, we can move forward with filing articles of incorporation without worrying about another entity taking our chosen moniker.

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File Articles of Incorporation

Filing the Articles of Incorporation is a key step in creating your North Carolina S Corp, so let’s get started! The filing process requires several steps, including paying filing fees and providing required documentation. Here are three items you need to keep in mind when filing the Articles of Incorporation:

  1. Filing fees: When submitting your Articles of Incorporation, be sure to include the appropriate filing fee. In North Carolina, the current fee for filing is $125. This fee can be paid by check or money order made payable to ‘Secretary of State.’
  2. Required documentation: Along with the fee, you will also need to provide certain documents when filing your Articles of Incorporation. These documents include a cover letter stating the name and address of your corporation, a copy of your proposed articles (which should include information about your business name, purpose, and registered agent), and a completed Certificate of Authority form.
  3. Online or mail-in options: You have two options for submitting your Articles of Incorporation – online or by mail. If you choose to file online through North Carolina Business Registration Online (NCBRO), you can pay with a credit card and receive an immediate confirmation once submitted. If mailing in your documents instead, expect processing time between 5-7 days.

Once you’ve successfully filed your Articles of Incorporation, it’s time to obtain necessary permits and licenses before fully launching operations as a North Carolina S Corp.

Obtain Necessary Permits and Licenses

After filing the Articles of Incorporation, it’s important to make sure you have all necessary permits and licenses in order to legally operate your business. License requirements vary by industry and location, so it’s crucial to research what specific permits and licenses your business needs. You can obtain this information by contacting the North Carolina Secretary of State or consulting with a lawyer.

The application process for obtaining permits and licenses can be time-consuming and involves filling out multiple forms. Some applications require additional documentation such as proof of insurance or background checks. Costs and fees involved also vary depending on the permit or license, but it’s important to budget accordingly as failure to obtain proper licensing can result in fines or even legal consequences.

Once you have obtained all necessary permits and licenses, the next step is to register with the state. This involves submitting additional paperwork that establishes your business as a legal entity in North Carolina.

By completing these steps, you’ll ensure that your S corp is operating within legal boundaries while setting yourself up for success in running your business.

Register with the State

Now that we’ve obtained the necessary permits and licenses for our North Carolina S Corp, it’s time to register with the state.

This involves obtaining an Employer Identification Number (EIN) from the IRS, registering for state taxes with the North Carolina Department of Revenue, and filing annual reports with the Secretary of State.

It’s important to stay on top of these obligations in order to maintain compliance and avoid any legal issues down the line.

Obtaining an Employer Identification Number

First thing you need to do is make sure you obtain an Employer Identification Number (EIN) for your North Carolina S Corp, as this number will be necessary for tax purposes and opening a business bank account. The importance of obtaining an EIN can’t be overstated, as it’s essentially the Social Security number for your business.

Here are some things to keep in mind when applying for an EIN:

  • You can apply online through the IRS website.
  • The application process should take no more than 10 minutes.
  • There’s no cost associated with obtaining an EIN.
  • You’ll receive your EIN immediately after completing the application process.
  • Make sure to keep a record of your EIN, as you’ll need it when filing taxes and conducting other business-related activities.

Once you have obtained your EIN, the next step is registering for state taxes. This includes sales tax, use tax, and any other applicable state taxes.

Registering for State Taxes

To ensure compliance with state regulations, it’s crucial to register for applicable state taxes such as sales and use tax.

As a North Carolina S corporation, you must file the necessary paperwork with the NC Department of Revenue to receive a sales and use tax account number. This number is required for all transactions involving the sale of tangible personal property or certain digital property.

In addition to sales and use tax, there may be other tax filing requirements that apply to your business based on its specific activities. It’s important to research these requirements thoroughly and make sure you are in compliance with all applicable laws.

Keep in mind that there are also tax payment deadlines that must be met in order to avoid penalties and interest charges.

Once you have registered for state taxes, you can move on to filing annual reports which will be discussed in the next section.

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Filing Annual Reports

After registering for state taxes, it’s important to remember that filing annual reports is a crucial step in maintaining compliance and keeping your North Carolina S corporation up and running. Failing to file these reports can lead to serious consequences, such as penalties, fines, and even the dissolution of your company.

To avoid such issues, here are three important things to keep in mind when it comes to filing annual reports:

  1. Importance of Deadlines – The State of North Carolina requires all S corporations to file an Annual Report by April 15th of each year. It’s essential that you meet this deadline in order to avoid any penalties or late fees.
  2. Consequences of Non-Compliance – If you fail to submit your Annual Report on time, you will be charged a $25 late fee plus interest. In addition, if you continue to neglect filing your reports for more than two years in a row, the State may dissolve your corporation.
  3. Keeping Accurate Records – Make sure you keep accurate financial records throughout the year so that you can easily compile the information needed for your Annual Report. This will save you time and stress come tax season.

By following these guidelines and taking annual report filings seriously, you can ensure that your North Carolina S corporation stays compliant with state regulations and avoids any potential legal issues down the road.


In conclusion, forming an S corporation in North Carolina can be a smart move for your business. The tax benefits and liability protection that come with this type of corporation make it a popular choice among small business owners.

Remember to carefully choose a name that meets state requirements and file the necessary paperwork with the Secretary of State’s office. Obtaining any necessary permits and licenses is also crucial to ensure you’re operating legally in North Carolina. Once everything is in order, don’t forget to register your new S corporation with the state.

By following these steps, you’ll be well on your way to creating a successful and legally compliant business entity. Don’t hesitate to seek guidance from professionals, such as attorneys or accountants, if needed throughout this process.

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