Form Your S-Corp in Kansas Effortlessly with Inc Authority

We’ve compared business formation services, and Inc Authority stood out as a top choice for forming your S-corp in Kansas. Setup is free and you get expert guidance.

With 30+ years of experience and 250k formations, Inc Authority can deliver for you.

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Free Registered Agent Service for 1 Year

Get a free corporation setup and guided S-corp election filing.

Enjoy complimentary registered agent services for the first 12 months.

Ongoing business support and compliance guidance whenever you need it.

Things to Know Before You Form an S-Corp in Kansas

Starting an S-corp in Kansas can unlock valuable tax benefits and liability protection. But before you dive in, it’s important to understand the state’s unique requirements.Here are a few key things to keep in mind before forming your S-corp in Kansas:

  • After forming your Kansas LLC or corporation, you must file IRS Form 2553 within 75 days for S-corporation election. Inc Authority offers this service for just $79, making it easy to handle your S-corp in Kansas’ election hassle-free.
  • Kansas requires every business entity to appoint a registered agent with a physical address in the state. This agent receives legal and tax documents on your behalf and is essential for maintaining compliance with Kansas law.
  • Your S-corp in Kansas is required to file a biennial report with the Secretary of State by April 15th of every even-numbered year if it follows a calendar-year tax schedule. The filing fee is $100 online or $110 when filing via mail.

These will help you confidently move forward with forming your S-corp in Kansas. Knowing what to expect ensures a smoother setup and long-term compliance.

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1. Choose a Business Name for Your New S-Corp

Your S-corp in Kansas must have a unique business name that complies with state law, is easily distinguishable from other registered entities, and is free of restricted words. Check name availability using the Kansas Secretary of State’s database.

If you want to reserve your name before filing, Kansas charges $30 for online reservations or $35 by mail. The “Reservation of Exclusive Right to Entity Name” holds the name for 120 days, allowing time to prepare your legal documents and file.

Choose a Business Name
Decide on the Right Legal Structure

2. Decide on the Right Legal Business Structure

To elect S-corp status, you must first form a limited liability company (LLC) or a corporation. Both structures create a separate legal entity that shields personal assets from business liabilities and qualify for S-corporation election under IRS rules.

LLCs are popular among sole proprietors and small business owners because of their flexibility in management. Corporations suit businesses with shareholders, formal management structures, and plans to issue dividends or attract investors.

3. Appoint a Designated Kansas Registered Agent

Every S-corp in Kansas must designate a registered agent with a physical street address in the state. P.O. boxes are not allowed, and the resident agent must be available during regular business hours to accept legal notices, tax forms, and more.

You may serve as your own agent if you meet residency requirements, but many owners hire professional services. This preserves privacy for your home address, ensures reliable document receipt for your legal entity, and maintains compliance.

Appoint a Kansas Registered Agent
File Articles of Incorporation or Organization

4. File Articles of Incorporation or Organization

Submit articles of incorporation for corporations or articles of organization for LLCs to officially create your business entity. The Kansas Secretary of State requires a filing fee of $85 online for corporations or $160 online for LLCs for their legal formation.

These documents establish your business as a legally recognized entity capable of conducting business activities and electing S-corp status. They include your address, business name, registered agent, management structure, and other required details.

5. Create Corporate Bylaws or an LLC Operating Agreement

Your S-corp in Kansas needs comprehensive internal governance documents. Corporations must draft bylaws, while LLCs should create an operating agreement outlining voting rights, profit distribution, and shareholder or member responsibilities.

Kansas doesn’t require you to file these documents with the state. However, they’re vital for clarifying internal processes, preventing potential disputes, and demonstrating that your S-corp in Kansas operates as a separate legal entity.

Create Corporate Bylaws or an LLC Operating Agreement
Hold Your Initial Organizational Meeting

6. Hold Your Initial Organizational Meeting

After formation, hold an initial meeting to appoint officers or elect managers, issue shares or membership interests, and adopt your governance documents. This is also the time to approve your fiscal or tax year and formalize your corporate structure.

Document all decisions in minutes to maintain limited liability protection and preserve the integrity of the legal structure of your S-corp in Kansas. Initial meetings form the basis of all corporate formalities and ensure compliance with the state’s regulations.

7. Obtain an EIN from the Internal Revenue Service

You want to apply for an Employer Identification Number from the IRS immediately after forming your LLC or S-corp in Kansas. This federal tax identification number is required for all business activities, including banking, payroll, and proper tax filing.

Your EIN identifies your separate legal entity for tax purposes and enables accurate business income reporting to federal authorities. It’s essential to make your S-corporation election and create banking relationships for your S-corp in Kansas.

Obtain an EIN from the IRS
File IRS Form 2553 for S-Corporation Election

8. File IRS Form 2553 for S-Corporation Election

To gain the tax benefits of being an S-corp in Kansas, file Form 2553 with the IRS within 75 days of formation or by March 15 of the current tax year. If you miss this deadline, your S-corp in Kansas election won’t take effect until the following tax year.

Inc Authority offers a professional S-corporation election service for $79, ensuring proper timing and compliance with federal election requirements. Your federal S-corp election is automatically recognized by Kansas, so no state-level filing is necessary.

9. Register Your Business for Kansas State Taxes

Depending on your business activities and income earned, your S-corp in Kansas may need to register with the Kansas Department of Revenue. This includes sales tax, withholding tax, or industry-specific taxes. Registration is free and done online.

Proper registration ensures compliance with Kansas state law and prevents you from being penalized for delayed or missed tax filings. Understanding the tax obligations helps your S-corp in Kansas maintain good standing and avoid compliance issues.

Register for Kansas State Taxes
Open a Business Bank Account

10. Research and Open a Business Bank Account

Open a dedicated bank account using your EIN and formation documents for your S-corp in Kansas to separate personal assets from business income. This account protects the limited liability for shareholders and members of your S-corp in Kansas.

Additionally, set up payroll systems to pay reasonable salaries to owner-employees as required by IRS regulations for S-corp tax status. Proper payroll processing ensures compliance with employment tax obligations and maintains tax advantages.

11. File Your Company’s Biennial Information Report

You must file an information report for your S-corp in Kansas every two years with the Secretary of State to keep it in good standing. It costs $100 online or $110 by mail, and is due by April 15 every filing year (odd or even, based on formation year).

This biennial filing updates important business information with state authorities. Missing the deadline places your S-corp in Kansas in delinquent status, though filing within 90 days restores good standing and prevents dissolution of your legal entity.

File Your Biennial Information Report
Maintain Ongoing Compliance

12. Maintain Ongoing Compliance Requirements of the State

Ensure your S-corp in Kansas remains compliant by securing necessary business licenses and permits specific to your industry and operations. Regular compliance maintenance includes filing annual tax returns and maintaining corporate records.

Doing this ensures your S-corp in Kansas operates legally within state law requirements. Kansas offers certificates of good standing for $10 for businesses needing to verify their active status with the state for banking or contract purposes.

Why Should You Outsource S-Corp Formation to an Expert?

Starting an S-corp in Kansas is easier when experienced and reliable professionals handle all the paperwork and filing details, deadlines, and compliance for you.

Avoid Costly Filing Errors

Avoid Costly Filing Errors

Professionals ensure your documents meet Kansas Secretary of State standards. They help your S-corp in Kansas to avoid delays, rejections, or penalties that could impact your business income and operations.

Maximize Your Tax Benefits

Maximize Your Tax Benefits

Experts understand how to structure your S-corp in Kansas to optimize income distribution and reduce self-employment taxes. They also ensure compliance with IRS S-corporation election rules.

Ensure Legal Compliance

Ensure Legal Compliance

Professionals help you meet all state law requirements, from appointing a registered agent to filing your information report. This helps maintain your S-corp’s legal structure and good standing.

Save Time and Focus on Growth

Save Time and Focus on Growth

Outsourcing frees you to focus on building your S-corp in Kansas, managing shareholders, and attracting customers and investors. Meanwhile, experts handle the paperwork and deadlines.

Get Personalized Guidance

Get Personalized Guidance

Experienced professionals provide tailored guidance on management structure, payroll setup, and asset protection. These are critical for the long-term success of your S-corp in Kansas.

Maintain Long-Term Compliance

Maintain Long-Term Compliance

Specialists help you stay current and in regulatory compliance with tax filings, licenses, and biennial reports. This ensures your S-corp in Kansas remains in good standing year after year.

Why Choose Inc Authority to Form an S-Corp in Kansas

Forming an S-corp in Kansas is easier with expert help. While Inc Authority provides free LLC or corporation formation services along with other valuable extras.

Free LLC or Corporation Setup

Free LLC or Corporation Setup

Inc Authority provides completely free LLC or corporation formation for your S-corp in Kansas, covering all preparation and filing services. You only pay state filing fees and the $79 S-corp election service charge.

Free Registered Agent Service

Free Registered Agent Service

Every formation includes one full year of registered agent services at no additional cost for your Kansas business. This agent ensures your S-corp in Kansas receives all legal documents and is compliant.

Expert Tax Planning Consultation

Expert Tax Planning Consultation

Receive expert tax planning consultation to maximize savings and optimize the structure of your S-corp in Kansas. This complimentary service helps you plan and understand tax advantages.

Ongoing INC CARE Support

Ongoing INC CARE Support

Get access to knowledgeable support via phone or email, even after formation. Whether it’s compliance, structure, or tax questions, Inc Authority’s team helps guide your S-corp in Kansas confidently.

Digital Document Storage

Digital Document Storage

All formation documents for your S-corp in Kansas are digitally stored and delivered for convenient online access. This protects your documents and provides immediate availability when needed.

Proven Track Record & Client Satisfaction

Proven Track Record & Client Satisfaction

Inc Authority has 4.9/5 stars on Trustpilot across 40,000+ customer reviews, with positive reviews. Its personalized customer support ensures your S-corp in Kansas formation receives dedicated attention.

Form an S-Corp in Kansas
FREE
starter

Starter

This plan builds on the Free Plan and adds tools for compliance and professional setup. It’s ideal for entrepreneurs who want structure and long-term support.

  • Automated Compliance Tracking: Receive annual alerts to help maintain good standing and meet Kansas state filing requirements on time.
  • Custom Operating Agreement or Bylaws: Tailored to your LLC or corporation to define roles, responsibilities, and internal governance clearly.
  • Initial Meeting Minutes and Resolutions: Formal documentation to enable your S-corp in Kansas to comply with state organizational requirements.
  • Deluxe Record Book: Keeps your formation documents, meeting minutes, and resolutions organized and accessible for legal and operational purposes.
  • Ownership or Stock Certificates: Professionally prepared certificates to document ownership interests for shareholders or LLC members.
  • Corporate Forms Package: A complete set of essential business forms to support ongoing business operations and corporate compliance.
  • Web Domain and Email Addresses: Includes a business domain and five professional email accounts to build your online presence and credibility.

This plan provides a complete business setup with ongoing support for serious entrepreneurs establishing their S-corp in Kansas.

Fast Track

This premium package includes everything from previous plans, plus priority services and personalized guidance for entrepreneurs wanting comprehensive support.

  • Dedicated INC Success Advisor: Personalized guidance to support your business growth, strategic planning, and long-term success in Kansas.
  • Private Banking Specialist: Assistance in establishing strong financial relationships to optimize your business banking and funding opportunities.
  • Expedited Filing Service: Priority preparation and filing to accelerate the launch of your S-corp in Kansas and reduce processing delays.
  • One-on-One Business Consultations: Strategic sessions tailored to your unique goals, offering expert advice on structure, growth, and compliance.

This bundle offers white-glove service for founders seeking fast, comprehensive S-corp in Kansas formation with premium attention and support.

FAQ

An LLC and an S-corp are not mutually exclusive in Kansas. An LLC is a legal structure formed under state law that provides limited liability protection for its owners (called members).

An S-corp, on the other hand, is a tax classification granted by the IRS that can apply to either an LLC or a corporation. However, certain requirements must be met. The main differences are in how profits are taxed and how ownership is structured.

LLCs without an S-corporation election have pass-through taxation by default, but all profits may be subject to self-employment taxes. With an S-corp election, income is split between reasonable salaries (subject to payroll tax) and distributions (not subject to self-employment tax).

Forming an S-corp in Kansas involves setting up either an LLC or corporation, then making the S-corporation election with the IRS. Here are the steps:

  • Choose a Business Name: Check Kansas Secretary of State records for availability, and reserve it for a small fee if needed
  • Decide on the Right Legal Structure: Choose between forming an LLC or a corporation as this is a prerequisite for S-corp election
  • Appoint a Kansas Registered Agent: Designate a Kansas resident agent to receive legal and tax documents
  • File Articles of Incorporation or Organization: Officially register your company as a separate legal entity
  • Create Corporate Bylaws or an LLC Operating Agreement: Establish rules for management, ownership, and operations
  • Hold Your Initial Organizational Meeting: Appoint officers and managers, issue shares or membership interests, and adopt governing documents
  • Obtain an EIN: Get a federal tax ID for taxes, hiring employees, and opening a bank account
  • File IRS Form 2553 for S-Corporation Election: Submit to the IRS within 75 days of formation
  • Register for Kansas State Taxes: Complete state tax registration and ensure compliance with the Kansas Department of Revenue
  • Open a Business Bank Account: Keep personal and business finances separate, and set up payroll systems
  • File Your Biennial Information Report: Maintain active status with the Kansas Secretary of State
  • Maintain Ongoing Compliance: Keep licenses and permits current, and request a Certificate of Good Standing if needed

Starting an S-corp in Kansas involves several costs, including:

  • State Filing Fees: Filing articles of organization for an LLC costs $160 online or $165 by mail. For corporations, the cost is $85 online or $90 by mail, while name reservation is $30 online or $35 by mail.
  • Professional Services: Using a service like Inc Authority can be free for LLC or corporation formation (plus state fees), with S-corp election available for $79. There are additional packages if needed; however, they cost more.
  • Ongoing Costs: Your S-corp in Kansas must meet certain running costs. These include biennial report fees ($100 online or $110 by mail), registered agent renewal (if using a service), business license renewals, and tax filings.

There is no official minimum income required to operate an S-corp in Kansas. However, the tax benefits of S-corporation status, which include splitting income into salary and distributions, only become worthwhile at certain earnings levels.

If your business earns less than what you’d reasonably pay yourself as a salary, there may be no tax advantage. S-corp status becomes most beneficial when net income exceeds $50,000 annually, but this varies depending on industry and expense levels.

Yes, you can convert an existing Kansas business to S-corp status through the IRS. If you currently operate as a sole proprietorship, you’ll first need to form an LLC or a corporation in Kansas. Then, you can file Form 2553 for S-corp tax treatment.

Existing Kansas LLCs and corporations can elect S-corp status by submitting Form 2553 within the required timeframe. The conversion process involves ensuring your business meets S-corp eligibility requirements, including having:

  • No more than 100 shareholders
  • Only one class of stock
  • Qualifying shareholders (U.S. citizens or residents)

Your Kansas S-corp election becomes effective for the current tax year if filed within two months and 15 days of that year. Otherwise, it takes effect the following tax year.