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S Corporation

An S Corporation is a tax designation for corporations or LLCs that allows profits and losses to pass through directly to shareholders.

An S Corporation (or S Corp) is a tax status chosen by corporations or LLCs that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. By doing this, shareholders avoid double taxation on corporate profits. Shareholders report the income and losses on their personal tax returns and are assessed tax at their individual income tax rates. To qualify, companies must meet specific IRS requirements, including a limit on the number and type of shareholders.

How It Applies to Florida Landlords

For Florida landlords, an S Corp designation can sometimes provide tax advantages regarding self-employment taxes. However, it is not always the best choice for holding real estate assets. Because real estate is often held for long-term appreciation, the tax treatment of the transfer of assets into or out of an S Corp can have significant implications. Landlords should work with a tax professional experienced in Florida real estate law to determine if electing S Corp status is beneficial compared to remaining a standard LLC.

Key Takeaways

  • S Corp status avoids double taxation of business income.
  • It is a tax designation, not a separate business structure.
  • Consider the implications of transferring real estate assets to an S Corp.
  • Always consult a CPA before electing S Corp status for your rental business.

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Important Notice: Florida Landlord Network is an independent, non-attorney service. We urge you to consult an attorney before relying on any publication, using any document or described procedure found herein. Florida Landlord Network is not licensed by the Florida Bar to practice law and is not authorized to give legal advice or tell you your legal rights.