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

Does Nevada recognize the federal S election?
State treatment of the S election
| Follows the federal election | Not applicable, no corporate income tax |
| Separate state election form | None required |
Nevada is one of 5 states with no corporate income tax where the state S election simply does not exist. That is not the same as the state rejecting the election. There is no state income tax for it to apply to. Your federal S election is unaffected.
What an S corporation still owes Nevada
Nevada has no corporate or personal income tax, so there is no state S-corporation election, recognition, or income-tax return. Any entity (including an S corp) with Nevada gross revenue over $4M files a Commerce Tax return like any other business.
Franchise or gross-receipts tax
No corporate income or franchise tax. Nevada imposes a Commerce Tax on businesses whose Nevada gross revenue exceeds $4,000,000 per fiscal year (rates vary by industry, ~0.051%-0.331%); businesses at or under $4M owe no Commerce Tax. Separately, every active entity pays an annual State Business License ($500 for corporations, $200 for LLCs) plus the Annual List fee ($150 minimum).
Nevada corporation vs Nevada 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 | $75 | $75 |
| Report cadence | Every year | Every year |
| Report fee | $650 | $150 |
| Entity-level tax on the LLC side | N/A | State Business License |
Both entities cost $75 to file in Nevada, so the filing fee is not a reason to pick one over the other.
Full Nevada LLC cost breakdown · LLC vs C-corp explained · LLC vs S-corp explained
How Nevada 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
Where these numbers come from
This page covers how Nevada treats the federal S-corporation election and what an S corporation still owes the state. Every figure was checked against Nevada'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://tax.nv.gov/commerce-tax/
- https://www.leg.state.nv.us/nrs/nrs-076.html
- https://www.leg.state.nv.us/nrs/nrs-078.html
- https://www.leg.state.nv.us/nrs/nrs-086.html
- Nevada statute: NRS 78.760 (corporation filing fees by authorized stock)
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.