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Some jurisdictions\u2014the District of Columbia, Louisiana, New Hampshire, New York City, Tennessee, and Texas\u2014do not recognize the federal S corporation election and, for the most part, tax S corporations like other business corporations.
Forming an S corporation is straightforward. First, you start a business as a corporation by filing articles of incorporation with the Corporations Division of the North Carolina Secretary of State's Office. Next, to elect S corporation status, all shareholders in your company must sign and file Form 2553 with the IRS.
If you meet IRS requirements, you can elect S-corp status by filing Form 2553, Election by a Small Business Corporation. If you file paperwork and complete the process within two months and 15 days after the beginning of the current tax year, you may be able to claim S-corp status for the current tax year.
Most states follow the federal government in recognizing the S election. However, Arkansas, New Jersey and New York require a separate state S election.
North Carolina recognizes the federal S election, and North Carolina S corporations are not required to pay corporate income tax to the state; however, North Carolina S corporations are required to pay the franchise tax.
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Pay individual income tax. Pay a balance due on your Individual Income Tax Return for the current tax year, and prior years through tax year 2003.
The franchise tax rate is $1.50 per $1,000.00 of capital stock, surplus, and undivided profits or other alternative tax base. The minimum franchise tax is $35.00 with no maximum except for qualified holding companies. The corporate income tax rate is 6.90% of net income attributed to North Carolina.
In North Carolina, the corporate tax is a flat 5% of taxable income. In addition, North Carolina assesses a so-called corporation franchise tax. Your LLC may also be subject to this tax. Both taxes are payable to the state's Department of Revenue (DOR).
North Carolina recognizes the federal S election, and North Carolina S corporations are not required to pay corporate income tax to the state; however, North Carolina S corporations are required to pay the franchise tax.
To calculate North Carolina net income tax for nonresident shareholder's filing a composite return, add Lines 19 and 20 and multiply the sum by the income tax rate of 5.499%.

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