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The Daily Insight

What is an LLC Type S?

Author

Sarah Duran

Published Mar 29, 2026

S Corporation: An Overview. An LLC is a type of business entity, while an S corporation is a tax classification. It lets the Internal Revenue Service (IRS) know that your business should be taxed as a partnership. To become an S-corporation, your business first must register as a C corporation or an LLC.

Is an LLC a flow through entity?

Limited liability companies (LLCs) are pass-through entities by default. Unless the owners of the LLC file paperwork to change the company’s tax status, the IRS and state tax agencies tax LLCs as sole proprietorships (for single-owner and husband-wife owned companies) or partnerships (for multi-owner companies).

An S corporation provides limited liability protection but also offers corporations with 100 shareholders or fewer to be taxed as a partnership. An S corporation is also known as an S subchapter. In some instances, a business may be both an LLC and an S-corporation.

How do I set up a series LLC in Utah?

  1. Step 1: Name Your Utah Series LLC. Before naming your series LLC, you should know the answers to these questions:
  2. Step 2: Choose a Utah Series LLC Registered Agent.
  3. Step 3: File The Certificate of Organization.
  4. Step 4: Create a Series LLC Operating Agreement.
  5. Step 5: Obtain an EIN.

How are LLCs organized in the state of Utah?

LLCs are “organized” by filing with the state a Certificate of Organization setting forth (U.C.A. Section 48-3a-201): a) The name of the Limited Liability Company (must contain the words “Limited Liability Company,” “Limited Company,” “L.C.,” or “L.L.C.”).

How much does it cost to start a Utah LLC?

The cost to start a Utah LLC is $70. To learn more, read our guide on the cost to form a Utah LLC. An operating agreement is not required for a Utah LLC, but it’s a good practice to have one.

Where can I find out more about forming a LLC?

LLC’s are regulated by state laws. Go to your state’s Secretary of State division and look for the Business section to find out more about starting an LLC. The information in this article is intended to be general and not to be tax or legal advice. Every business situation is specific, and laws may change.

How to form a foreign LLC in Utah?

Register as a Foreign LLC in Utah. Forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in Utah, you will need to register as a foreign LLC. This can be done online or by mail.