Mississippi S-Corporation Election
By Edmond Hui · Facts verified July 29, 2026 against primary state sources

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.
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, 43 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 under IRC s. 1372(a); 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 income tax imposed by Miss. Code Ann. s. 27-7-5, 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 still imposes a corporate franchise tax, but it is mid-phase-out. It 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. The franchise tax is repealed effective January 1, 2028 (SB 2858, 2016; Miss. Code Ann. ss. 27-13-1, 27-13-5, 27-13-7, 27-13-67). 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 | 43 |
| No corporate income tax, so no state election exists | 4 |
| 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 | — |
| 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
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