Form a S-Corp in Mississippi
Everything you need to know about forming a S-Corp in Mississippi. Filing fees, requirements, timeline, and step-by-step guidance.
Want this turned into your personalized S-Corp roadmap for Mississippi?
Sign up free — we'll track every step, deadline, and what comes after the LLC.
How to File
Choose a Corporate Name
Select a unique name for your S-Corporation that complies with Mississippi naming rules and includes a required designator such as 'Corporation,' 'Incorporated,' 'Corp.,' or 'Inc.' Conduct a name availability search on the Mississippi Secretary of State's website to confirm the name is not already in use.
30 minutes
Appoint a Registered Agent
Designate a registered agent with a physical street address in Mississippi who is authorized to receive legal documents and official correspondence on behalf of the corporation. The registered agent can be an individual Mississippi resident or a qualified registered agent service.
15-30 minutes
File Articles of Incorporation
Prepare and file Articles of Incorporation with the Mississippi Secretary of State's Business Services Division, either online through the Mississippi Business Services portal or by mail. The filing fee is $50, and you must include the corporate name, registered agent details, incorporator information, and authorized shares.
1-2 hours
Create Corporate Bylaws
Draft corporate bylaws that outline the internal governance structure, including procedures for shareholder meetings, officer roles, voting rights, and other operational rules. While not required to be filed with the state, bylaws are essential for corporate compliance and should be adopted at the organizational meeting.
2-4 hours
What's Next After Filing
Once your S-Corp is officially formed, you'll want to complete these important steps:
- •Hold Organizational Meeting and Issue Stock — Conduct an initial organizational meeting of incorporators or directors to adopt bylaws, elect officers, and issue stock to initial shareholders. Document the meeting with minutes and ensure stock issuance complies with securities regulations; S-Corp shareholders are limited to 100 and must be U.S. citizens or resident aliens.
- •Obtain EIN and Elect S-Corp Status with the IRS — Apply for an Employer Identification Number (EIN) from the IRS at no cost via the IRS website, then file IRS Form 2553 (Election by a Small Business Corporation) to elect S-Corporation tax status. The election must generally be filed no later than 2 months and 15 days after the beginning of the tax year for which the election is to take effect.
- •Register for Mississippi State Taxes and Licenses — Register with the Mississippi Department of Revenue for applicable state taxes, including withholding tax if you have employees, and obtain any required business licenses or permits at the state, county, or municipal level. Mississippi S-Corporations may be subject to state franchise tax and must ensure compliance with all applicable local licensing requirements.
Advantages
- ✓Pass-through taxation avoids double taxation at both the corporate and personal levels, with income and losses reported directly on shareholders' personal tax returns.
- ✓Shareholders who are active in the business may reduce self-employment tax liability by splitting income between reasonable salary and distributions.
- ✓Provides limited liability protection, shielding shareholders' personal assets from business debts and legal judgments.
- ✓Lends a professional and credible image to the business, which can be beneficial when seeking investors, contracts, or financing.
Considerations
- •S-Corporation status comes with strict IRS eligibility requirements, including a maximum of 100 shareholders, only one class of stock, and shareholders must be U.S. citizens or resident aliens.
- •More complex and costly to maintain than a sole proprietorship or partnership, requiring corporate formalities such as bylaws, meeting minutes, and annual reports.
- •Mississippi's franchise tax adds an ongoing state-level tax burden that LLCs and other pass-through entities may not face in the same way.
Annual Obligations
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
Personalized Checklist
Every task you need, organized by priority and tailored to Mississippi.
Vetted Professionals
When you need help, we connect you with professionals we trust.
Progress Tracking
Never lose track of where you are or what's next.
Track Your Progress
Get a personalized checklist for forming your S-Corp in Mississippi — and everything that comes after.
Get Your Free Checklist