S-Corporation is tax classification, NOT entity type. You form LLC or Corporation, then elect S-Corp tax treatment. Entity name follows LLC or Corp naming rules. S-Corp election doesn't change your registered business name.
Understanding the Confusion
"S-Corp" refers to IRS tax election under Subchapter S. It's not filed with state - filed with IRS Form 2553. You CANNOT "form an S-Corp" - you form LLC or Corporation, then elect S status. Your business name follows LLC or Corporation rules based on actual entity type.
LLC Electing S-Corp Status
Form LLC with state (name must include LLC/L.L.C.). File IRS Form 2553 to elect S-Corp taxation. LLC name doesn't change. Still use "LLC" designation publicly. State registration still shows as LLC.
LLC S-Corp Name Example
Registered name: "Acme Consulting LLC". Tax status: S-Corporation (per IRS). What you use: "Acme Consulting LLC" (unchanged). What customers see: LLC (entity structure). What IRS sees: S-Corp (tax treatment). No name change required or permitted.
Critical Error: Some owners try to change LLC name to "Inc." after S-Corp election. This requires dissolving LLC and forming new Corporation - complete restructure. S-Corp election doesn't require entity type change.
Corporation Electing S-Corp Status
Form Corporation with state (name must include Inc./Corp./Corporation). File IRS Form 2553 for S-Corp election. Corporation name doesn't change. State records show as Corporation. Tax returns filed as S-Corporation.
C-Corp vs S-Corp Naming
Both are Corporations at state level. Name requirements identical. Difference is purely tax treatment: C-Corp: Default tax status for corporations, double taxation. S-Corp: Elected status, pass-through taxation. Same entity designators allowed: Inc., Corp., Corporation, Incorporated, Ltd.
State Name Requirements: LLC
Must include: "Limited Liability Company", "LLC", or "L.L.C." Applies whether taxed as: Disregarded entity (single-member default), Partnership (multi-member default), S-Corporation (elected), C-Corporation (elected). Tax election is invisible to state registration.
LLC Name State Rules
Cannot use "Inc." or "Corp." (unless properly formed as Corporation). Cannot imply different entity structure. "Acme Inc." not allowed for LLC even if S-Corp elected. Must follow state availability rules. State databases don't show tax status.
State Name Requirements: Corporation
Must include: "Corporation", "Incorporated", "Corp.", "Inc.", or "Ltd." Applies whether taxed as: C-Corporation (default), S-Corporation (elected). State doesn't distinguish C vs S in name requirements.
Corporation Name Flexibility
Can use any approved corporate designator. Can't use "LLC" or "Limited Liability Company". Choice between Inc/Corp/etc is stylistic. Pick based on: Brand preference (Inc. more formal), Domain availability, Trademark conflicts, Industry norms.
DBA Names for S-Corps
LLC or Corporation (S-Corp elected) can file DBA for marketing. Legal name: "Smith Holdings LLC" (taxed as S-Corp). Operating name: "Premier Consulting" (DBA). Customers see DBA, state sees LLC, IRS sees S-Corp tax status.
When S-Corps Use DBAs
Legal name not marketable. Operating multiple brands under one entity. Testing new business lines. Location-specific branding. DBA doesn't affect tax status (still S-Corp).
Trademark Considerations
Trademark your brand name, not entity designation. Whether LLC or Corp, S or C tax status - trademark the commercial name. Designator (LLC/Inc) not trademarkable. File trademark for "Acme Consulting" not "Acme Consulting LLC."
USPTO and Entity Type
USPTO doesn't care about entity structure or tax status. Trademark application asks for: Owner's legal name (full entity name with designator), Owner's entity type (LLC, Corporation, etc.), Owner's state of formation. Tax status (S-Corp) irrelevant to trademark. Brand protection same for LLC S-Corp vs Corporation S-Corp.
S-Corp election requires: Formed as domestic Corporation or LLC, 100 or fewer shareholders, Only allowable shareholders (individuals, estates, certain trusts), One class of stock, Timely Form 2553 filing. Name requirements based on entity, not tax election.
Converting LLC to Corporation
If LLC wants Corporation entity type (not just S tax status): Must dissolve LLC and form Corporation OR convert via statutory conversion (state-dependent). Name must change from "LLC" to "Inc./Corp." Requires new EIN from IRS. All contracts, licenses transfer to new entity.
Conversion Costs and Timeline
Statutory conversion: $150-300 in most states. New Corporation formation: $100-500. Legal fees: $500-2,000. New EIN and tax setup: Time investment. Timeline: 2-6 weeks. Reason to convert: Investor requirements, Future IPO plans, Professional preference. NOT required for S-Corp tax benefits.
Multi-State S-Corp Naming
S-Corp election is federal (applies in all states). Entity registration is per-state. Foreign qualification name rules: Must register with same entity type (LLC or Corp), Name must be available in new state, May need to operate under different name if taken.
Foreign Qualification Naming Issue
Example: "Apex Services LLC" (S-Corp) formed in Delaware. Expanding to California. "Apex Services LLC" taken in CA. Options: Register as "Apex Services of California LLC", Get consent from CA entity (rare), Use DBA in California. S-Corp tax status unchanged regardless of name variation.
Name Changes After S-Corp Election
Can change LLC or Corporation name after S-Corp election. File amendment with state (LLC amendment or Corporate amendment). Notify IRS of name change (informational, doesn't affect S status). S-Corp election remains valid with new name. Must continue using proper designator (LLC or Inc/Corp).
Name Change Process
File Articles/Certificate of Amendment with state. Update S-Corp records with IRS (letter notification). Change not filed on Form 2553. Amend Operating Agreement or Bylaws. Update banks, licenses, vendors. New marketing materials. S-Corp tax status completely unaffected.
Professional Service S-Corps
Licensed professionals often use Professional Corporation (PC) or PLLC. Can elect S-Corp status for PC or PLLC. Name requirements: PC: "Professional Corporation", "P.C.", "Prof. Corp." PLLC: "Professional Limited Liability Company", "PLLC", "P.L.L.C." S-Corp election doesn't change designation.
Professional S-Corp Example
Law firm: "Smith & Associates, P.C." (entity type). Elected S-Corp taxation via Form 2553. Name remains "Smith & Associates, P.C." Cannot change to "Inc." (would dissolve PC, form new Corp). S status provides tax benefits without entity restructure.
Complete S-Corp Naming Checklist
Decide entity type first: LLC or Corporation (not "S-Corp"). Choose name following entity requirements: LLC: Must include LLC/L.L.C. Corporation: Must include Inc./Corp./Corporation. Search state database for availability. Check USPTO for trademark conflicts. Verify domain availability. Form entity with state. File Form 2553 with IRS (doesn't affect name). Use correct entity designator on all documents. File trademark for brand name (separate from entity name).
Trademark Lens checks business name availability across state databases, USPTO trademarks, and domains - regardless of whether you elect S-Corp, C-Corp, or other tax status.