Should Your California Professional Corporation Elect To Be Taxed ...

In California, certain professions that require a state license are prohibited from forming a limited liability company or a traditional corporation and instead must incorporate as a professional corporation.

If you do not elect to have your California professional corporation taxed as an S corporation, the default is for it to be taxed as a C corporation.

As a C corporation, your professional corporation would pay federal taxes on its profits and you would also pay individual taxes if you receive salary, bonuses, or dividends from the corporation.

By electing to be taxed as an S corporation, your professional corporation would instead ?be a pass-through tax entity, like an LLC or a partnership. ?Electing to be taxed as an S corporation may also allow you to?pass losses from the business to your personal income tax return, where you can use it to offset income that you may have from other sources.

Finally, if the corporation pays you a ?reasonable salary,? you may not be required to pay self-employment taxes on any additional corporate profits that are paid to you as dividends as a shareholder in addition to your reasonable salary.

You should consult with your CPA or tax professional to make sure being taxed as an S corporation is the best fit for your professional corporation, but for most California professional corporations electing to?being taxed as an S corporation rather than a C corporation provides the most tax savings.

Disclaimer: This?article discusses general legal issues, but it does not constitute legal advice in any respect.? No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.? Doug Bend expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.

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Doug specializes in advising start-up and small businesses and is experienced in forming and maintaining business entities of many types, including corporations, limited liability companies and limited partnerships. He is the General Counsel for Modify Industries, Inc. and tIFc LLC and a Legal Mentor in The Hub Ventures Program, which provides funding and resources to a community of social entrepreneurs, and for the Young Entrepreneur Council, a non-profit dedicated to helping young entrepreneurs start successful businesses. Doug is a member of the Bar in California, Nebraska, New York, and the U.S. Virgin Islands. This entry was posted in The Law Office of Doug Bend. Bookmark the permalink.

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