Subchapter S: Vive Le Difference!

Abstract

Is Subchapter S obsolete, or does it still serve a rational purpose in the economy? This Article will examine that issue, focusing on the comparison between S corporations and LLCs. The Article begins with a history of Subchapter S and the “check-the-box” regulations. Next, the Article will compare the arguments for and against repealing Subchapter S. Statistics appear to show that the number of S corporation returns is still increasing. Why are S corporations still being used, and do those reasons justify its continued existence? Perhaps the answer is political: politicians love small businesses and S corporation stands for “small business.” Ultimately, the answer to these questions may depend on whether politicians’ favorable view of small business is justified.

Keywords: tax, business, small business

JEL Classification: K34