fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic

As a legal entity, the S corporation has changed significantly since it was first created by Congress in 1958. Not least of the changes happened to its name: it once was known by its legalese name, “Subchapter S corporation,” but became the more upbeat S corporation after the Subchapter S Revision Act of 1982 was passed.

The S corporation is favored by investors because it affords them the best of both worlds: S corporations offer many of the benefits normally attributed to partnership taxation in addition to the limited liability benefits normally enjoyed by limited liability corporations (LLC). It is foreseen that changes in the law will further fine-tune the S corporation, thereby maintaining its status as a preferred vehicle for conducting business.

Although an S corporation resembles an LLC in operation and concept, you can quite easily distinguish between the two. The S corporation is a federal tax hybrid entity, whereas the LLC is a state tax hybrid entity. The S corporation is created by an act of the US Congress, whereas the limited liability company is created by legislation in the state. An LLC composed of two or more members work strictly on partnership taxation, whereas partnership tax law does not totally apply to the S corporation. This means that an S corporation cannot allocate income in exactly the same way that a partnership does. Any distributions on appreciated property are also considered taxable in an S corporation.

You may then wonder why taxpayers would be induced to form an S corporation rather than organize a limited liability company, in view of the similarity of the tax principles. Under current tax laws, the unique partnership tax attributes are only given to an LLC if there are two or more taxpayers. For S corporations however, they only need one taxpayer to operate. Also, the S corporation offers unique planning possibilities such as the creation of capital gains, which are not available in the limited liability company at all.

The ordinary income of an S corporation is not taxed at corporation level, much like that of an LLC. The income is passed through to the shareholders in a similar fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic

nefits normally enjoyed by limited liability corporations (LLC). It is foreseen that changes in the law will further fine-tune the S corporation, thereby maintaining its status as a preferred vehicle for conducting business.

Although an S corporation resembles an LLC in operation and concept, you can quite easily distinguish between the two. The S corporation is a federal tax hybrid entity, whereas the LLC is a state tax hybrid entity. The S corporation is created by an act of the US Congress, whereas the limited liability company is created by legislation in the state. An LLC composed of two or more members work strictly on partnership taxation, whereas partnership tax law does not totally apply to the S corporation. This means that an S corporation cannot allocate income in exactly the same way that a partnership does. Any distributions on appreciated property are also considered taxable in an S corporation.

You may then wonder why taxpayers would be induced to form an S corporation rather than organize a limited liability company, in view of the similarity of the tax principles. Under current tax laws, the unique partnership tax attributes are only given to an LLC if there are two or more taxpayers. For S corporations however, they only need one taxpayer to operate. Also, the S corporation offers unique planning possibilities such as the creation of capital gains, which are not available in the limited liability company at all.

The ordinary income of an S corporation is not taxed at corporation level, much like that of an LLC. The income is passed through to the shareholders in a similar fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic

created by legislation in the state. An LLC composed of two or more members work strictly on partnership taxation, whereas partnership tax law does not totally apply to the S corporation. This means that an S corporation cannot allocate income in exactly the same way that a partnership does. Any distributions on appreciated property are also considered taxable in an S corporation.

You may then wonder why taxpayers would be induced to form an S corporation rather than organize a limited liability company, in view of the similarity of the tax principles. Under current tax laws, the unique partnership tax attributes are only given to an LLC if there are two or more taxpayers. For S corporations however, they only need one taxpayer to operate. Also, the S corporation offers unique planning possibilities such as the creation of capital gains, which are not available in the limited liability company at all.

The ordinary income of an S corporation is not taxed at corporation level, much like that of an LLC. The income is passed through to the shareholders in a similar fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic

the tax principles. Under current tax laws, the unique partnership tax attributes are only given to an LLC if there are two or more taxpayers. For S corporations however, they only need one taxpayer to operate. Also, the S corporation offers unique planning possibilities such as the creation of capital gains, which are not available in the limited liability company at all.

The ordinary income of an S corporation is not taxed at corporation level, much like that of an LLC. The income is passed through to the shareholders in a similar fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic

fashion to that of a partnership. The same process applies to its foreign income and loss, its tax-exempt interest, its charitable contributions and its passive income. Because of this one level of taxation, many individuals prefer the S corporation structure.

One big advantage of the S corporation is that it offers its shareholders protection against corporate debts and creditors, not only nationally but also world wide. The only statutory requirement for world wide creditor protection is that the S corporation should be a domestic corporation, meaning that it must observe those formalities required of regular corporations, including but not limited to, annual meetings of shareholders.

The LLC, on the other hand, is a relatively new concept in the US. Although it has counterparts in other areas of the world, such as the Satre in France, the GmbH in Germany, and the limitada in South America, there is insufficient body of law at present detailing the protection of the owners. It is therefore advisable that should you foresee international operations for your business, to opt for an S corporation as a safer business vehicle instead, or at the very least until there is adequate jurisprudence established for LLCs.