Why I Like S Corporations Better Than LLCs As An Entity Choice For Technology Startups

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"I like S corporations better than limited liability companies as a choice of entity for technology startup companies for the following reasons.  

1. S corporations can engage in tax free reorganizations, such as tax free stock swaps; in contrast, limited liability company owners have to pay tax on stock received in such transactions.

2. S corporations can grant traditional types of employee equity, like stock options, more easily.

3. S corporations can more easily convert to C corporations in the event of a venture financing or public offering."

New Treasury Regulations on S Corporations and Shareholder Open Account Debt

"SUMMARY: This document contains final regulations relating to the treatment of open account debt between S corporations and their shareholders. These final regulations provide rules regarding the definition of open account debt and the adjustments in basis of any indebtedness of an S corporation to a shareholder under section 1367(b)(2) of the Internal Revenue Code (Code) for shareholder advances and repayments on advances of open account debt. The regulations affect shareholders of S corporations and are necessary to provide guidance needed to comply with the applicable tax law." You can review the regulations here.