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Electing S-Corp Status Retroactively is Possible However, it is possible to go back as far as 3 years and 75 days from the date the change is requested (IRS Late Election Relief). Going back that far means you'll need to amend your tax returns (as if the election was in place \u2013 this means making new W-2's, too).
Once a corporation has approval from the New York State Tax Department to be treated as a New York S corporation, it is required to file Form CT-3-S instead of Form CT-3, General Business Corporation Franchise Tax Return. Form CT-3-S is used to pay the entity level franchise tax under Article 9-A.
Disadvantage: State and local taxes. For example, in New York City, an S-corp would be subject to the city's 8.85% business tax, on top of state and federal taxes. This could potentially increase the S-corp tax bill significantly and essentially wipe out the other tax advantages offered by this entity structure.
Mailing instructions: Mail Form CT-5 with payment to NYS Corporation Tax, Processing Unit, PO Box 22094, Albany NY 12201-2094. Otherwise, mail Form CT-5 to NYS Corporation Tax, Processing Unit, PO Box 22102, Albany NY 12201-2102.
Creating a New York State S Corp The total charge for creating a New York corporation is about $195. Even if you've already elected S corp status at the federal level, you also have to make this election for New York State. You must file Form CT-6 to receive approval from the state.

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Form CT-3-A/BC provides individual group member detail concerning each member's: general information, fixed dollar minimum tax, prepayments, capital base, investment capital, and apportionment.
All business corporations subject to tax under Article 9-A, other than New York S corporations, must file franchise tax returns using Form CT-3, unless such corporations are required or permitted to file as members of a combined group (see Form CT-3-A).
To request this extension, you must file Form CT-1127, Application for Extension of Time for Payment of Income Tax, with your timely filed Connecticut income tax return or extension. Purpose: Use Form CT-1040 EXT to request a six-month extension to file your Connecticut income tax return for individuals.
Once a corporation has approval from the New York State Tax Department to be treated as a New York S corporation, it is required to file Form CT-3-S instead of Form CT-3, General Business Corporation Franchise Tax Return. Form CT-3-S is used to pay the entity level franchise tax under Article 9-A.
Keep in mind that \u201cS corporation\u201d is a tax designation, not a business entity type. You can't 'incorporate' as an S corporation. To become one, you have to apply to the IRS. S corps report their income to the IRS on Form 1120S.

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