Cost to Set up an S Corp | Lovie — US Company Formation

Setting up an S Corporation involves several steps, each with associated costs. While the S Corp status itself isn't a business structure like an LLC or C-Corp, it's a tax election made with the IRS after forming a legal entity, typically an LLC or C-Corp. This election can offer potential tax advantages, such as avoiding double taxation, but it comes with its own set of administrative requirements and expenses. Understanding these costs upfront is crucial for accurate business planning and budgeting. This guide breaks down the typical expenses involved in establishing an S Corp, from state filing fees to professional service costs, helping you make informed decisions. The primary decision point for an S Corp is the underlying legal entity. You'll first need to form either an LLC or a C-Corp with your chosen state. The costs associated with this initial formation vary significantly by state. For example, forming an LLC in Delaware might have different fees than forming one in California. Once your LLC or C-Corp is established and in good standing with the state, you can then file Form 2553, Election by a Small Business Corporation, with the IRS to elect S Corp tax status. The IRS does not charge a fee for this election, but other costs are involved in the process, including potential professional services and ongoing compliance requirements.

State Filing Fees for Your Underlying Entity

Before you can elect S Corp status, you must first establish a legal business entity, typically an LLC or a C-Corporation, with a specific state. The cost to form this entity varies widely by state, ranging from under $50 to several hundred dollars. These are mandatory state government fees for registering your business. For instance, forming an LLC in Wyoming costs $100 for the Certificate of Formation and $60 annually for a report. In contrast, forming an LLC in Massachusetts involves a $500 i

IRS S Corp Tax Election: Form 2553 Costs

The actual election to be treated as an S Corporation is made by filing Form 2553, 'Election by a Small Business Corporation,' with the Internal Revenue Service (IRS). The good news is that the IRS does not charge any fee to file Form 2553. This is a significant point, as many business owners assume there's a government fee for this tax election. The form itself is free to download from the IRS website. However, the cost associated with Form 2553 often comes from the complexity of accurately com

Registered Agent Costs for Your S Corp

Every state requires businesses, including LLCs and corporations that elect S Corp status, to designate and maintain a registered agent. A registered agent is a person or company with a physical street address in the state of formation, responsible for receiving official legal and tax documents on behalf of your business. This includes service of process (lawsuit notifications), annual report reminders, and other important government correspondence. While you can act as your own registered agent

Professional Services: Accountants and Formation Agents

Navigating the complexities of business formation and S Corp election often leads entrepreneurs to seek professional guidance. Hiring an accountant or a business formation service can significantly streamline the process and help avoid costly mistakes. An accountant can advise on the tax implications of an S Corp election, help prepare and file Form 2553, and ensure ongoing compliance with IRS regulations. Fees for accountants vary based on their experience, location, and the scope of services p

Additional Costs to Consider for Your S Corp

Beyond the core state filing fees, IRS election, and registered agent costs, several other expenses might arise when setting up and operating an S Corp. If your business plans to hire employees, you'll need to obtain an Employer Identification Number (EIN) from the IRS. This is a free nine-digit number used to identify businesses for tax purposes. While Lovie can assist in obtaining an EIN, the IRS itself charges no fee for it. However, managing payroll, state unemployment taxes, and workers' co

Frequently Asked Questions

Is there a fee to file Form 2553 with the IRS?
No, the IRS does not charge a fee to file Form 2553, 'Election by a Small Business Corporation,' to elect S Corp tax status. The form is available for free on the IRS website.
What is the average cost to form an LLC or C-Corp for S Corp election?
The cost to form an LLC or C-Corp varies by state, typically ranging from $50 to $500 for initial state filing fees, plus potential annual report fees.
How much does a registered agent service cost annually?
Commercial registered agent services generally cost between $100 and $300 per year, per state. This is a recurring fee to maintain legal compliance.
Can I be my own registered agent for an S Corp?
Yes, you can be your own registered agent if you have a physical address in the state of formation and are available during business hours to receive documents.
What are the main ongoing costs of an S Corp?
Ongoing costs include registered agent fees, state annual report fees or franchise taxes, potential accounting fees for tax preparation, and business licenses/permits.

Start your formation with Lovie — $20/month, everything included.