Start a Kansas S Corp

Learn the steps to create an S Corp in Kansas and how we can help make it easier.

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Kansas corporation

Putting your business in the best possible tax position by creating a Kansas S Corporation is easy by using our simple, step-by-step guide.

How to Form an S Corporation in Kansas

We know that choosing the right business entity structure for your Kansas business is the first step in being successful. S Corp status is a tax designation, not a proper business entity. That means that you must first create a proper business entity, like a Kansas LLC or a Kansas corporation, before electing S Corp status — and we can accomplish this for you with our Kansas Corporate Formation and Kansas LLC Formation services.

Once you accomplish the steps necessary to begin your business, you can then establish your company as an S Corporation for tax purposes with the IRS. This allows you to take advantage of certain tax advantages, including pass-through corporate taxation.

Once your company is up and running smoothly, use our other products and services to stay compliant and keep track of all of your important business records.

1. Choose a Business Name

It’s pretty easy to choose a name for your business. The only requirement is that you have to follow the Kansas business naming guidelines. The most important part of the guidelines is that your company’s name needs to be unique and not taken by another business.

2. Appoint a Resident Agent in Kansas

A resident (known in most states as a registered) agent is required for every corporation or LLC in Kansas. The agent’s job is to be a place where legal paperwork can be sent and accepted on behalf of your business.

3. Choose directors or managers

A director or manager is an important part of running a business. Their role is to be in charge of the operations of the corporation or LLC. This could be yourself, as the owner, or someone else. Directors are needed for a corporation and managers run an LLC. LLCs are more flexible and can choose their members to act in a manager role.

4. File Articles of Incorporation or Articles of Organization with the Kansas Secretary of State

You next have to create and file the Articles of Incorporation (for a corporation) or the Articles of Organization (for an LLC) with the Kansas Secretary of State. You must file this document for Kansas to recognize your company and its legal status.

5. File Form 2553 to Turn Business into an S Corporation

The final task is to file form 2553 with the IRS to designate your company as a Kansas S Corporation. LLCs must first file Form 8832 to elect corporate taxation and then file Form 2553. Once you file this form, you can take advantage of all of the tax benefits of being an S Corp.

S Corporation Requirements and Limitations

There are certain requirements and limitations placed on the S Corp tax designation. You should review these to make sure the plans you have for your company will fit within these rules. To take advantage of S Corp status, your company must:

There are time limitations on filing form 2553 as well. If your company already exists, the form must be filed no more than two months and 15 days after the beginning of the tax year the election is to take effect. The other option is to file at any time during the tax year preceding the tax year you want the status to take effect.

Weighing the pros and cons of creating an S Corporation

You should thoroughly understand the pros and cons of using the S Corp tax designation. Every business owner has different plans for their business. Before you decide to use the S Corp status, you need to determine if it’s a good fit for your company’s plans.


The positives about having a Kansas S Corporation include the following:

If you decide to go this route, it’s pretty easy to file form 2553 with the IRS.


S Corps have restrictions and certain requirements that you may decide don’t fit within the plans for your company:

If you’re unsure about whether the tax savings and other benefits outweigh the negative aspects of S Corp status, review your options with a tax professional.

What to know before creating an S Corporation in Kansas 

If you don’t declare your company as an S Corp upon formation, the IRS automatically designates its tax status as that of a regular C corporation. This means that your company will be subject to double taxation. C Corps are taxed twice on the income earned, once at the corporate level and then again at the individual level when the profits are passed down to the shareholders.

What is an S Corporation?

S Corporations are basically small business corporations that have limited corporation shareholders and aren’t subject to corporate double taxation.

What’s the difference between an S Corporation and a C Corporation?

Both S Corp and C Corp are tax designations used by the IRS. The S Corp designation allows for pass-through taxation and prevents the double taxation that you would see with the C Corp status. But there are both positives and negatives for both designations, so you need to evaluate what is best for your company.

Can LLCs choose an S Corporation election?

Yes! If you have an existing LLC, you can easily convert its tax designation to an S Corp. What would be the benefits of converting an LLC to an S Corp when the LLC already has pass-through taxation and pass-through income? The answer is that there are still tax savings an LLC can take advantage of with an S Corp designation. For example, for Kansas LLCs with just a handful of owners, you’ll pay less in self-employment taxes.

How We Can Help

Ready to get started? We can help you create your Kansas S Corporation in minutes by visiting our S Corp formation page. The steps to accomplish this goal are quick and easy. Our main focus is to help small business owners start their dream businesses and continue to help you through the entire process of being a successful Kansas business owner.

Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

Kansas S Corp FAQs

  • What are the benefits of creating an S Corporation in Kansas?

    The main benefit is that your company avoids the double taxation seen in regular corporations. Income is instead passed through to the investors who then pay taxes on the business income only once and at the individual rate.

  • How should I choose a name for my Kansas S Corp?

    It’s important to choose the right name for your S Corp since this is how the world will first see your business. As long as the name isn’t already being used and follows the state naming guidelines, your business name can be almost anything you want.

  • Should I identify my LLC as an S Corporation?

    You should identify yourself as an LLC, since being an S Corp is merely a tax designation with the IRS and not a formal legal entity.

  • How should I calculate taxes for my S Corporation? 

    Filing your local, state, and federal taxes for a Kansas S Corporation can be complicated. If you’re confused about how to calculate your taxes, it’s wise to consult a tax professional.

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