How to Start an S Corp in Wisconsin

Wisconsin boasts a healthy business climate with a rapidly growing economy, a wealth of resources, and access to an educated workforce. Starting a business in this state can be an exciting, yet overwhelming experience as you work to transform your ideas into a successful venture.

One of the many big decisions you must make involves choosing how to structure your business. Regardless of your industry, you potentially could save money on your taxes by electing to structure your business as anS corporation(S corp) in Wisconsin. Read on to learn everything you need to know about forming your Wisconsin S corp and ensuring you keep your business in a good standing year after year.

Not in Wisconsin? Check out our otherHow to Start an S Corpguides to learn more.

We recommend using a professional formation service likeNorthwestto get your S corp up and running in no time.

Factors to Consider Before Starting an S Corp in Wisconsin

Before forming an S corp, you have to consider the following factors:

  • Is an S corporation the best strategy for your business?
  • S corporation restrictions
  • Are S corp tax advantages right for you?

Is an S Corporation the Best Strategy for Your Business?

For help with choosing the right structure for your business, visit ourChoosing a Business Structureguide.

S Corporation Restrictions

S corps have several restrictions, such as being limited to one class of stock and 100 shareholders. Read ourWhat Is an S Corporationguide for full details.

Are S Corp Tax Advantages Right for You?

An S corporation is a tax designation that can be elected by an LLC or corporation. With an S corp, business owners are considered employees of the company and must receive areasonable salary.因为所有年代队技术员工,the s corp must run payroll.

In order to benefit from a Wisconsin S corp tax designation, your business needs to make enough money to offset payroll expenses. Furthermore, S corps are beneficial for business owners who take largedistributionsin addition to their salary.

To learn more about the tax advantages of an S corp, read ourLLC vs. S corpguide and take a look at ourS Corp tax calculator

Businesses that elect S corp status will need to hire payroll and accounting services.

Payroll Services Review|Accounting Services Review

How to Form a Wisconsin S Corp

There are two main ways to start an S corp:

  • Byforming an LLC and electing S corp tax statusfrom the IRS when you request your employee identification number (EIN)
  • Byforming a corporation and electing S corp statusfrom the IRS

We recommend forming an LLC because it’s simpler and more cost-effective.

Recommended:If you have anexisting LLC, visit ourHow to Convert an LLC to S Corpguide.

Steps for Forming an LLC and Electing S Corp Status in Wisconsin

Starting a Wisconsin LLC and electing S corp tax status is easy. You can use our guides to start an LLC with the S corp status yourself, or you can hire a service provider likeNorthwestto guide you through this process.

There are five basic steps to start an LLC and elect S corp status:

Step 1:Name Your LLC

Step 2:Choose a Registered Agent

Step 3:File the Articles of Organization

Step 4:Create an Operating Agreement

步骤5:Get an EIN and File Form 2553 to Elect S Corp Tax Status

Step 1: Name Your LLC

Choosing a company name is the first and most important step in starting your LLC in Wisconsin.

一定要选择一个名称符合Wisconsin naming requirements and is easily searchable by potential clients.

1. Follow the naming guidelines for a Wisconsin LLC:

  • Your namemustcontain the phrase “limited liability company”or “limited liability co.” or end with one of their abbreviations (LLCorL.L.C.).
  • Your namecannotimply that the LLC was organized for any non-permitted purpose.
  • Your namecannotinclude words that could confuse your LLC with agovernment agency(FBI, Treasury, State Department, etc.).
  • Certainrestricted words(e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual to be part of your LLC.
  • Your namemust be distinguishablefrom any existing business in the state. This includes Wisconsin reserved names.
  • You can read anoverview of name availabilityfrom the Wisconsin Department of Financial Institutions for more information.

You can also read theWisconsin state statuteabout LLC naming guidelines for more information.

2. Is the name available in Wisconsin?Make sure the name you want is available by doing a corporate record search on theWisconsin Department of Financial Institutionswebsite.

3. Is the URL available?We recommend checking to see if your business name is available as a网络域.Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Find a Domain Now

Step 2: Choose Your Wisconsin Registered Agent

You must elect aregistered agentfor your Wisconsin LLC.

An LLCregistered agentwill accept legal documents and tax notices on your LLC's behalf. You will list your registered agent when you file your LLC's Articles of Organization.

Many business owners choose to hire a registered agent service. Many of these services will form your LLC for a small fee and include the first year of118金宝app for free.

Step 3: File the Wisconsin LLC Articles of Organization

TheWisconsin Articles of Organizationis used to officially register an LLC.

File Your Wisconsin Articles of Organization

OPTION 1:File Online With the Wisconsin Department of Financial Institutions

File Online

- OR -

OPTION 2:File Form 502 by Mail

Download Form


State Filing Cost:$130 online and $170 by mail, payable to the Department of Financial Institutions (Nonrefundable)

Mailing Address:
State of WI - Dept. of Financial Institutions
P.O. Box 93348
Milwaukee, WI 53293

Step 4: Create an LLC Operating Agreement

An LLC operating agreement is a legal document that outlines the ownership and member duties of your LLC.

For more information, read ourWisconsin LLC Operating Agreementguide.

Our118bet官网 is a free resource for business owners.

步骤5:Get an EIN and Complete Form 2553 on the IRS Website

AnEINis a number that is used by the US Internal Revenue Service (IRS) to identify and tax businesses. It is essentially a Social Security number for a business.

EINs are free when youapply directly with the IRS

Elect S Corp Tax Status
During the online EIN application, the IRS will provide a link toForm 2553, the Election By a Small Business form.

Visit ourForm 2553 Instructionsguide for detailed help with completing the form.

This is the form to elect S corp tax status for your LLC:

Screenshot of IRS online EIN application.

Ready to start saving on your taxes?

We recommend using a formation service to start your Wisconsin S corp for you, so you can focus on the things that matter most — growing your business.

VISIT NORTHWEST

Keep Your Wisconsin S Corp Compliant

After you successfully form your Wisconsin S corp, you must take several steps to keep your business in good standing. Wisconsin requires you to file an annual report, pay local and state taxes, and follow all state laws and guidelines.

Wisconsin S Corp Annual Report

The state of Wisconsin requires all businesses operating within its borders tofile an annual reportwith the Wisconsin Department of Financial Institutions. This report is due every year at the end of the quarter in which you formed your business. If you started your business in January 2022, for example, your annual report will be due on March 31, 2023.

Visit ourWisconsin Annual Reportguide for a step-by-step overview of the filing process.

Wisconsin S Corp Taxes

S corporations benefit from pass-through taxation, meaning the business’s profits pass-through to S corp owners’ individual tax returns. S corp owners make money from theirreasonable salaryanddistributions, and Wisconsin S corp owners can expect to pay the following taxes:

Federal Self-Employment Taxes

Self-employment taxes cover social security and medicare. The self-employment tax rate is 15.3%, and money you take as salary will be subjected to the self-employment tax. However, distributions are not subjected to this tax.

Federal Income Taxes

Your federal income taxes will depend on your tax bracket, and the cutoffs for individual tax brackets as well as the percent owed will change each year. Both your salary and distributions are subjected to federal income tax.

Wisconsin Income Taxes

Wisconsin has a graduated income tax that ranges from 3.54% to 7.65%, depending on your total income. This means you’ll pay a smaller percentage if you have a low-income year vs. a high-income year. Even with a higher income, the maximum income tax rate is 7.65%.

因为一些国家s impose income tax rates of more than 10%, Wisconsin is one of the more business-friendly states in which to start a company.

Wisconsin Sales and Use Tax

Wisconsin's sales and use tax is set at 5% with a 0.5% county sales tax for a total of at least 5.5%. Some cities within the state also impose additional sales and use taxes. Check with theWisconsin Department of Revenuefor more information.

Additional State Taxes

The Wisconsin Department of Revenue outlines many state-specific taxes it may require your business to pay. Some examples that might apply to a small business owner include:

  • Dry Cleaning Tax
  • Alcohol Beverages Tax
  • Cigarette Tax
  • Fuel Tax
  • Tobacco Products Tax

Visit theWisconsin Department of Revenuewebsite for more information.

Wisconsin Local Taxes

Depending on where you open your business — whether that's in Milwaukee, Madison, or any of the smaller cities — each municipality may require you to file and pay specific taxes based on your location. Check with your local government to ensure your business remains in good standing with local laws and guidelines.

Start a Wisconsin S Corp FAQ

What is an S corp?

AnS corporation(S corp) is a tax designation that an LLC or a corporation can elect.

Are taxes for LLCs and S corps the same?

No. The default taxes for an LLC and taxes for an S corp are not the same.

With an S corp, owners pay personal income tax and self-employment tax on a predetermined salary. They may then withdraw any remaining profits from the business as a “distribution,” which isn’t subject to self-employment tax.

With an LLC, all company profits pass through to the owners’ personal tax returns, and then the owners must pay personal income tax and self-employment tax on the entire amount.

What is a reasonable salary for an S corp?

S corp owners are required to earn a“reasonable” salary, which basically means a fair market rate based on the individual’s qualifications as well as their duties and responsibilities at the company. The purpose of this requirement is to prevent S corp owners from paying themselves an artificially low salary in order to pay less self-employment tax.

What is a distribution?

Adistributionis a dividend that a shareholder/owner can take from the business profits that remain after a company pays all of its employee salaries. Shareholders must pay personal income tax on distributions, but distributions aren’t subject to self-employment tax.

Can I still use my DBA name if I elect to be an S corp?

LLCs and corporations that operate under a “doing business as” (DBA) name can choose the S corp election.

Which Wisconsin businesses are S corps?

Wisconsin has several major industries (e.g., manufacturing, agriculture, and aerospace) along with many small businesses that bring the state’s economy to life. Starting a small business in any industry can prove beneficial, and, by electing S corp status, you can potentially save some money come tax season.

Is Wisconsin a good state for an S corporation?

Wisconsin fosters a business environment focused on growth and modernization. It’s a great state for S corps with its graduated income tax, low cost of living, and abundant resources.

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