How to Start an S Corp in Alaska: Election, State Taxes and Biennial Reports
How to Start an S Corp in Alaska: Election, State Taxes and Biennial Reports
An S corp is not a separate entity type that Alaska issues. It is a federal tax election that an existing LLC or corporation makes with the IRS on Form 2553. Starting an alaska s corp therefore means two jobs: form the Alaska entity with the Corporations Section, then make the federal election and keep the state filings current. This guide covers both, plus the Alaska tax items owners most often miss. Alaska has no Secretary of State. Business filings go to the Division of Corporations, Business and Professional Licensing in the Department of Commerce, Community, and Economic Development.
Alaska does not levy a personal income tax, so profits that pass through to owners do not face a state income tax at the owner level. That is one reason owners look at the S election. Alaska still has its own filing and reporting requirements, and several of them depend on your entity type and on the city or borough where you operate.
What You Need Before You Start
- A business name that is available in the state entity database. A name reservation holds it for 120 days and costs $25.
- A choice of state entity: an Alaska LLC (Articles of Organization, Form 08-0484) or a domestic business corporation (Articles of Incorporation, Form 08-0400). Both carry a $250 filing fee.
- An Alaska registered agent with a physical Alaska street address and an Alaska mailing address.
- Owner details: legal names, addresses, ownership percentages, and a list of owners who will work in the business.
- A federal Employer Identification Number (EIN) from the IRS.
- A myAlaska account for the state online filing system.
- A business bank account and a copy of your formation documents for the bank.
- A CPA or tax professional who has handled S elections before. This guide is not a substitute for that review.
Step-by-Step: Forming an S Corp in Alaska
- Choose the state entity: LLC or corporation. Both are formed with the same $250 filing fee and the same state reporting cycle. An LLC gives you more flexibility in the operating agreement. A corporation has a board and shareholders, and an Alaska corporation is a C corp by default until you file the S election. Making the S election does not change the state filing form you use, but it does change how the federal government taxes the entity. Compare the two entity types in the table below before you file.
- Check the name and reserve it if needed. Search the entity database at commerce.alaska.gov before you file. A reservation holds the name for 120 days at $25. An LLC name must include a corporate indicator such as Limited Liability Company, LLC or L.L.C., and an LLC cannot use Inc. The name must also be distinguishable on the record from names already filed. Adding Inc., Corp. or LLC to an otherwise identical name does not make it distinguishable.
- Appoint an Alaska registered agent. Every registered entity must continuously maintain an Alaska registered agent and registered office, with both a physical Alaska street address and an Alaska mailing address. The agent can be an individual who is an Alaska resident or a business, professional or nonprofit corporation authorized to transact business in Alaska. An LLC, LLP or LP cannot serve as your registered agent, and an entity cannot be its own agent. If your agent changes later, you cannot update it on the biennial report. Use the Statement of Change (Form 08-409, $25).
- File the formation document online. Use the Alaska CBPL online corporate filing system, reached from the Corporations page at commerce.alaska.gov/web/cbpl/Corporations, and sign in with your myAlaska account. Online filings post immediately. Paper filings take 10 to 15 business days from March through September and longer than 15 business days from October through February. The Division publishes no expedited service, so online filing is the only fast path. Do not mail a paper copy in winter and expect a quick result.
- Get your federal EIN. Obtain an Employer Identification Number from the IRS before you open a bank account, run payroll, or file Form 2553. The EIN appears on the election form.
- Adopt governing documents and issue ownership. An LLC needs an operating agreement. A corporation needs bylaws, an organizational action of the board, and a record of stock issued to each owner. An S corp must have one class of stock, so draft distribution and liquidation rights so that every owner has identical rights. Confirm the details with your CPA or attorney, because the operating agreement or bylaws must match the election you plan to make.
- Obtain the statewide business license. Before you engage in business activity in Alaska, you need a state business license under AS 43.70 from the Division. The fee is $50 per year for a new application (Form 08-4181), and renewal is also $50 per year (Form 08-4617). The only endorsement is for tobacco and nicotine retailers, at $100 per location. Occupations regulated under AS 08 need a separate professional license. The business license is a separate filing from your entity formation, even though the same division handles both.
- Check local licenses and sales tax. Alaska has no counties. Boroughs, cities and the Unorganized Borough set local rules. Some cities require a general business license, while Anchorage, Ketchikan and Homer do not. Check with your city or borough before you open. Alaska has no statewide sales tax, but 107 reporting municipalities levy local sales tax, with rates ranging from 1% to 7% and typically 2% to 5%. Many places also levy a bed tax on lodging. Find the rate for your specific city or borough, not a statewide figure.
- File IRS Form 2553 for the S election. Form 2553 is filed with the IRS, not the state. Your entity must meet IRS eligibility rules, including limits on who can own the stock and the one-class-of-stock rule. The IRS sets the filing deadline in the form instructions, and that deadline controls the election. Read the current instructions at https://www.irs.gov/forms-pubs/about-form-2553 and confirm the date with your CPA. A late election can delay S treatment, so do not assume a late form will be accepted.
- Set owner pay and payroll. Under the IRS rule for S corps, an owner who works in the business must receive reasonable compensation as W-2 wages before taking distributions. In Alaska, wages paid to owner employees are covered by Alaska Employment Security tax. The 2026 wage base is $54,200, and the employee share is 0.50%. Workers compensation owner exemptions begin at 10% ownership. Confirm which owners qualify before you assume coverage is optional. Confirm employer registration requirements with the state before your first payroll.
- Calendar your state reports. Your initial report is due within 6 months of formation and carries no fee. Your biennial report is due January 2 every two years, in the even or odd year that matches your formation year. Late penalties apply after February 1. Corporations also pay biennial corporation tax with the report. Set reminders the day you receive your filing confirmation.
Alaska LLC vs. Alaska Corporation at a Glance
| Item | Alaska LLC | Alaska corporation |
|---|---|---|
| Formation document | Articles of Organization, Form 08-0484 | Articles of Incorporation, Form 08-0400 |
| Filing fee | $250 | $250 |
| Initial report | No fee, due within 6 months of formation | No fee, due within 6 months of incorporation |
| Biennial report | $100, due January 2 every two years | $100, due January 2 every two years |
| Biennial corporation tax | Not applicable | $100 domestic or $200 foreign (AS 10.06.845). The Division's fee page lists the same amounts for the corporation biennial report, so confirm with the Corporations Section whether anything is owed on top of the report fee. |
| Federal S election | Form 2553 with the IRS | Form 2553 with the IRS |
Alaska State Tax Rules for an S Corp
Personal income tax
Alaska has no state personal income tax. Owners do not pay a state personal income tax on S corp profits passed through to them. Federal income tax and self-employment obligations still apply, and your CPA can model how the S election changes them for your numbers.
Corporate income tax and the S corp question
Alaska corporate net income tax is graduated from 0% to 9.4% in increments of $24,000 or $25,000 of taxable income. The 0% rate applies to taxable income of $25,000 and below, and the 9.4% rate applies to taxable income of $222,000 and over. For corporations that file it, payment is due on or before the 15th day of the fourth month after the close of the tax year, and returns are due 30 days after the federal return due date. The tax is aimed at C corporations. The Tax Division page at tax.alaska.gov does not address S corporations, so do not assume your S corp owes or does not owe an Alaska return. Contact the Tax Division at [email protected] or 907-465-3687 and ask whether your S corp or single-member LLC has any Alaska return.
Partnership returns for multi-owner LLCs
If your LLC is taxed as a partnership and does not elect S status, Alaska requires a partnership return unless all partners are natural persons. Confirm your filing requirement with the Tax Division before you choose between a partnership, an S election and a C corp treatment.
Local sales tax and bed tax
Sales tax is local, not statewide. Whether you collect it, and at what rate, depends on the city or borough where you sell. Bed tax applies to lodging in some places. Contact your city or borough finance office before you open for sales.
Biennial Reports and What They Cost
Alaska LLCs and corporations file a biennial report every two years, not annually. The report fee is $100. For corporations, the biennial corporation tax under AS 10.06.845 is $100 for a domestic corporation and $200 for a foreign corporation, and the Division's fee page lists the same amounts for the biennial report, so the two appear to be one payment. Confirm the total you owe with the Corporations Section before you pay. Late penalties apply after February 1, so file before the January 2 due date.
Tips for a Clean Start
- File the state formation first, then send Form 2553 to the IRS only after your EIN and state entity name are final.
- Keep your registered agent current and remember that the biennial report cannot change the agent.
- Write owner pay into your budget before you set distributions. Reasonable compensation is an IRS rule, and it is the item most often challenged.
- Keep your business license current, and renew it with the statewide license at $50 per year.
- Use the Alaska Small Business Development Center at https://aksbdc.org/ for free-of-charge planning help, and check the Alaska SBA district page at https://www.sba.gov/district/alaska for local resources.
Common Mistakes to Avoid
- Treating the S election as a state filing. Form 2553 goes to the IRS, and the state still needs your LLC or corporation formed first.
- Assuming Alaska automatically approves the S election or sends a notice of it.
- Missing the initial report within 6 months of formation, or the biennial report due January 2.
- Naming an LLC as the registered agent. An LLC cannot serve as an agent in Alaska.
- Using Inc. in an LLC name, which is not allowed.
- Paying owner-employees no salary, or setting salary so low that it fails the reasonable compensation rule.
- Assuming there is no state corporate tax return for an S corp without checking with the Tax Division.
- Opening for business before getting the statewide business license.
- Using a statewide sales tax rate. Alaska has none, and local rates vary by city or borough.
Expected Results
If you complete these steps in order, you should have a state-registered Alaska entity with a current registered agent, an EIN, and a filed Form 2553 that the IRS may accept as an S election, depending on eligibility and timing. The S election may reduce self-employment tax exposure for some owners, depending on salary, profit and state and local obligations. Your results depend on your numbers and on confirmations from the agencies named here, so treat any projected savings as an estimate to review with your CPA.
Official Resources
- Alaska Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing: https://www.commerce.alaska.gov/web/cbpl/Corporations
- Alaska Department of Revenue, Tax Division: https://tax.alaska.gov/
- IRS Form 2553 instructions: https://www.irs.gov/forms-pubs/about-form-2553
- Alaska Small Business Development Center: https://aksbdc.org/
This article is informational only. It is not legal or tax advice, and it does not create an attorney-client or accountant-client relationship. Alaska and federal rules, fees and deadlines change, so confirm each figure on the official agency page before you file. Because an S election affects federal taxes, payroll and owner compensation, talk with a qualified CPA and, where needed, an attorney before you choose a structure.