Does Mississippi recognize the federal S-corporation election?

Yes. Mississippi follows the federal S election, and no separate state election form is required. Filing federal Form 2553 with the IRS is enough. The corporation does still file Form 84-105, Mississippi Pass-Through Entity Tax Return (due the 15th day of the 3rd month after the close of the accounting year).

Which Mississippi return does an S corporation file?

Form 84-105, Mississippi Pass-Through Entity Tax Return (due the 15th day of the 3rd month after the close of the accounting year).

Mississippi S-Corporation Election

By Edmond Hui · Facts verified July 29, 2026 against primary state sources

Mississippi follows the federal S election. Filing IRS Form 2553 is enough. There is no separate Mississippi election form. Mississippi is one of 42 states that follow the federal election with no state form of their own.

S corporation facts for Mississippi: the state recognizes the federal S election for state tax purposes. Incorporating costs $50 to file. The annual report fee is $25. — Mississippi recognizes the federal S election for state tax purposes; filing IRS Form 2553 is the federal step. Source: MyStateLLC 50-state S-corp election dataset, compiled from state filing offices and revenue departments, July 2026; any figure we could not confirm is labeled on the page.

State treatmentFollows the federal election

Separate state formNot required

State corporate income taxYes

Does Mississippi recognize the federal S election?

State treatment of the S election

Follows the federal election	Yes
Separate state election form	None required
State return	Form 84-105, Mississippi Pass-Through Entity Tax Return (due the 15th day of the 3rd month after the close of the accounting year)

No separate state election to file: the federal election on IRS Form 2553 carries over. That is the election only, the corporation still files Form 84-105, Mississippi Pass-Through Entity Tax Return. Of the 50 states, 42 follow the federal election with no state form of their own, and 1 more, New York, recognizes S status but requires an election of its own as well.

What an S corporation still owes Mississippi

Mississippi defines an S corporation by reference to a valid federal election; there is no separate state election, and Form 84-105 should not be filed until the IRS has accepted federal Form 2553. An S corporation is NOT subject to the Mississippi income tax, but every S corporation domesticated or qualified to do business in Mississippi IS subject to the measure of the franchise tax levy and may have nonresident withholding obligations. An S corp may also elect to be an electing pass-through entity. The election is made on Form 84-381 and reported by checking the box on Form 84-105.

Franchise or gross-receipts tax

Mississippi's corporate franchise tax is computed on capital, capital surplus, undivided profits and true reserves employed in Mississippi in excess of $100,000 (or the assessed property value in the state, whichever is greater), at $0.50 per $1,000 for tax years beginning in 2026 and $0.25 per $1,000 for 2027, with a minimum tax of $25. No franchise tax is levied for tax years beginning on or after January 1, 2028, when the franchise tax law is repealed under a 2016 Mississippi law. There is no statutory maximum.

Mississippi corporation vs Mississippi LLC

State filing charges only. Corporate income tax and franchise tax are excluded because both depend on income or net worth, so no flat figure exists for either entity.

	Corporation	LLC
Formation filing fee	$50	$50
Report cadence	Every year	Every year
Report fee	$25	$0

Both entities cost $50 to file in Mississippi, so the filing fee is not a reason to pick one over the other.

Full Mississippi LLC cost breakdown · LLC vs C-corp explained · LLC vs S-corp explained

How Mississippi compares

State treatment of the federal S election	States
Follows the federal election, no state form needed	42
No corporate income tax, so no state election exists	5
Has a corporate income tax and does not follow the election. The corporation is taxed like a C corporation	2
Follow the election but still impose some entity-level tax on the S corporation, California, Illinois, New York, Massachusetts and Delaware among them	N/A
Require a separate state election form as well	1

Compare all 50 states · LLC vs S-corp · S-corp salary and savings calculator

Frequently Asked Questions

: Yes. Mississippi follows the federal S election, and no separate state election form is required. Filing federal Form 2553 with the IRS is enough. The corporation does still file Form 84-105, Mississippi Pass-Through Entity Tax Return (due the 15th day of the 3rd month after the close of the accounting year).
: Mississippi defines an S corporation by reference to a valid federal election; there is no separate state election, and Form 84-105 should not be filed until the IRS has accepted federal Form 2553. An S corporation is NOT subject to the Mississippi income tax, but every S corporation domesticated or qualified to do business in Mississippi IS subject to the measure of the franchise tax levy and may have nonresident withholding obligations. An S corp may also elect to be an electing pass-through entity. The election is made on Form 84-381 and reported by checking the box on Form 84-105.
: Form 84-105, Mississippi Pass-Through Entity Tax Return (due the 15th day of the 3rd month after the close of the accounting year).

Where these numbers come from

This page covers how Mississippi treats the federal S-corporation election and what an S corporation still owes the state. Every figure was checked against Mississippi's own published sources on July 29, 2026, the state business filing agency's fee schedule, the governing statute, and where a state tax applies, the state Department of Revenue. Commercial formation-service pages were used as leads only and are never cited. Anything the review could not confirm from an official source is left blank on this page rather than filled with an estimate.

Corporate income tax and franchise tax are quoted as the state publishes them, as rate schedules and thresholds, and are excluded from every dollar total here. They depend on income or net worth, so there is no flat figure that would be true for every corporation.

Primary sources:

https://www.sos.ms.gov/content/documents/Business/FeeSchedule.pdf
https://www.sos.ms.gov/business-services/annual-reports
https://www.dor.ms.gov/sites/default/files/tax-forms/business/2025%20CIT%20INSTRUCTIONS%2083-100%20-%20Final%20%2001.14.2026.pdf
https://www.dor.ms.gov/sites/default/files/tax-forms/business/2025%20PTE%20INSTRUCTIONS%2084-100%20-%20Final%20%2001.14.2026.pdf
https://www.dor.ms.gov/business/corporate-income-and-franchise-tax
Mississippi statute: SB 2858 (2016) (franchise tax phase-down and repeal)
Mississippi statute: Miss. Code Ann. ss. 27-13-1, 27-13-5, 27-13-7, 27-13-67 (franchise tax)
Federal statute: IRC s. 1372(a) (as cited for the federal S election)
Mississippi statute: Miss. Code Ann. s. 27-7-5 (income tax)

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It describes rules that can differ from state to state, and fees, rates, forms and deadlines can change after we review them. It cannot tell you what applies to your own business: that turns on where the business is formed, where it operates and how it is taxed. Confirm anything you rely on with the state or federal agency concerned, or with a licensed attorney or CPA, before you act on it.

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Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

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