S Corporation Status 

Corporations may elect to register in New Jersey as a Sub-Chapter S corporation. Since the S 
corporation status for federal purposes does not automatically flow through for New Jersey state 
purposes, you must apply for S corporation status in this state and receive approval of the 
election. Without this filing and approval, your filings in New Jersey will be considered as those 
of a standard C corporation with all the rates that apply to that designation. 

The steps to apply for S Corp status in New Jersey are as follows: 

  Apply for S corporation status with the Internal Revenue Service 
  Be fully registered with the NJ Division of Revenue and Enterprise Services, and have a 
   Certificate of Incorporation or a Certificate of Authority to do business in this State. 
  File a New Jersey S Corporation Election using the online SCORP application. 
For the election to be in effect for the current tax year, the New Jersey S Corporation Election 
must be filed within 3 ½ months from the beginning of the fiscal year. For example, filing of the 
election for a fiscal period beginning July 1 must be done by October 15.  

Every shareholder of the corporation must consent to this election. Out-of-state corporations 
must be authorized to do business in New Jersey.  

Once an election is made and accepted, a corporation may remain a New Jersey S corporation as 
long as it is a Federal S corporation. To revoke an election, a letter of revocation must be filed 
with the NJ Division of Revenue and Enterprise Services, using the online SCORP application      , 
signed by all shareholders holding more than 50% of the outstanding shares of stock on the day 
of the revocation and filed with a copy of the original election form. The filing deadline for a 
letter of revocation is on or before the last day of the first tax year of the election. 

  S-Corp Frequently Asked Questions