Page 1 of 3 IT-203-S-ATT (2004) Legal name of S corporation Special New York State identification nu-2025

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S corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes.
26 U.S. Code 1361 - S corporation defined. For purposes of this title, the term S corporation means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
If the shareholder(s) of an S corporation made an S election for federal purposes, New York State does not automatically treat the company as a New York S corporation unless they are mandated to file as an S corporation under Tax Law 660(i).
Both business structures get their names from the parts of the Internal Revenue Code that they are taxed under. C corporations are taxed under Subchapter C while S corporations are taxed under Subchapter S.
You can determine if a company is a C corp or an S corp by checking their public records, such as their filing with the Internal Revenue Service (IRS) or their articles of incorporation.
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A C corporation is taxed under Subchapter C of the Code. This is the default rule. Every corporation is a C corporation unless it elects to be taxed under Subchapter S by filing an election form with the Internal Revenue Service. The state corporation laws make no distinction between C and S corporations.

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