Patriot Info Blog America How to Start an S Corp in Georgia

How to Start an S Corp in Georgia

How to Start an S Corp in Georgia

Starting a business can be an exciting and rewarding venture. If you’re considering starting an S Corporation (S Corp) in Georgia, it’s essential to understand the legal requirements and steps involved in the process. This article will guide you through the necessary steps to start an S Corp in Georgia and provide answers to frequently asked questions.

What is an S Corp?

An S Corporation is a type of business entity that offers limited liability to its owners (shareholders) while allowing them to enjoy the benefits of pass-through taxation. This means that the profits and losses of an S Corp are passed through to the shareholders’ personal tax returns, avoiding double taxation. To qualify for S Corp status, the corporation must meet certain IRS requirements, including having no more than 100 shareholders and only one class of stock.

Step 1: Choose a Business Name

Choosing a unique and distinguishable business name is crucial. It’s essential to ensure that the name you select is not already in use by another business in Georgia. You can conduct a search on the Georgia Secretary of State’s website to check the availability of your desired business name.

Step 2: File Articles of Incorporation

To legally establish your S Corp in Georgia, you need to file the Articles of Incorporation with the Georgia Secretary of State. The Articles of Incorporation typically include the following information:

– Business name and address
– Registered agent’s name and address
– Purpose of the corporation
– Number of shares authorized to issue
– Names and addresses of incorporators

See also  How to Get Rid of Squatters in Georgia

You can file the Articles of Incorporation online or through mail, along with the required filing fee. Once the Secretary of State approves your filing, your S Corp will be officially formed.

Step 3: Appoint a Registered Agent

A registered agent is an individual or entity responsible for receiving legal and official documents on behalf of the S Corp. The registered agent must have a physical address in Georgia and be available during regular business hours. You can choose to appoint yourself as the registered agent or hire a professional registered agent service.

Step 4: Obtain an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is a unique nine-digit number issued by the Internal Revenue Service (IRS). It is used to identify your S Corp for tax purposes. You can apply for an EIN online through the IRS website, and it is free of charge.

Step 5: Create Corporate Bylaws

Corporate bylaws are internal rules and regulations that govern how your S Corp will operate. They outline procedures for shareholder meetings, director responsibilities, and other important aspects of your business. Although not legally required, creating bylaws is crucial for smooth internal operations and can help resolve disputes among shareholders.

Step 6: Hold an Initial Meeting

After your S Corp is formed, you should hold an initial meeting of shareholders and directors. During this meeting, you can discuss and adopt the corporate bylaws, elect officers, and issue stock certificates to shareholders. It is advisable to keep detailed minutes of this meeting for future reference.


1. What are the ongoing requirements for maintaining an S Corp in Georgia?
– Annual reports: Georgia S Corps are required to file an Annual Report with the Secretary of State by April 1st each year.
– Taxes: S Corps must file an annual federal tax return (Form 1120S) and pay applicable state and local taxes.

See also  When Can We Watch Heartland Season 16 in THE US

2. Can a non-U.S. citizen be a shareholder of an S Corp in Georgia?
– Yes, non-U.S. citizens can be shareholders of an S Corp as long as they meet the IRS requirements for S Corp ownership.

3. Is there a minimum capital requirement to start an S Corp in Georgia?
– No, Georgia does not have a minimum capital requirement for starting an S Corp.

4. Can an S Corp convert to another business entity type?
– Yes, an S Corp can convert to another entity type, such as a C Corporation or LLC, by following the necessary legal procedures.

Starting an S Corp in Georgia requires careful planning and adherence to legal requirements. By following the steps outlined in this article and seeking professional guidance, you can successfully start and operate your S Corp in Georgia. Remember to consult with a qualified attorney or tax advisor for personalized advice based on your specific circumstances.

Related Post