How to Form an S Corp in New Jersey

By Mark Kennan

A S corp is just a C corp that makes a special election to have its income and losses taxed directly on the shareholder's income tax return rather than having to pay the corporate tax. To make the S corp election, S corps must follow a number of restrictions, including having fewer than 100 shareholders, having just one class of stock, and limiting who can be a shareholder. Forming an S corp requires incorporating as a standard corporation first.

Step 1

Search the New Jersey Business Entity List (see Resources) to make sure the name for your corporation is not already taken. You can also check by calling the state at (609)-292-9292.

Step 2

Register your corporation with the State of New Jersey. You can register either online or by submitting a paper registration. Either way, you must designate that you want to form a New Jersey corporation, file an original formation/authorization certificate and pay the registration fee. You also need to designate a registered agent, or someone who lives in New Jersey and can receive mail on behalf of the corporation.

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Step 3

Complete IRS Form 2553 to elect S corp status for your new corporation. The form requires the basic information about your corporation as well as the signatures of every shareholder because the vote to become an S corp must be unanimous.

Step 4

Mail the Form 2553 to the appropriate address, found in the instructions for Form 2553. As of 2012, the appropriate address for New Jersey corporations is Department of the Treasury, Internal Revenue Service Center, Cincinnati, OH 45999.

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