Does Utah recognize the federal S-corporation election?

Yes. Utah 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 TC-20S (Utah S Corporation Return) — filed by any corporation with a federal S election, so long as that federal election remains in effect. No separate Utah S-election form is required; Utah follows the federal election.

Which Utah return does an S corporation file?

TC-20S (Utah S Corporation Return) — filed by any corporation with a federal S election, so long as that federal election remains in effect. No separate Utah S-election form is required; Utah follows the federal election.

S-corp election · UT

Utah 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.

Utah follows the federal S election. Filing IRS Form 2553 is enough — there is no separate Utah election form. Utah is one of 43 states that follow the federal election with no state form of their own.

State treatmentFollows the federal election

Separate state formNot required

State corporate income taxYes

Does Utah recognize the federal S election?

State treatment of the S election

Follows the federal election	Yes
Separate state election form	None required
State return	TC-20S (Utah S Corporation Return) — filed by any corporation with a federal S election, so long as that federal election remains in effect. No separate Utah S-election form is required; Utah follows the federal election.

No separate state election to file: the federal election on IRS Form 2553 carries over. That is the election only — the corporation still files TC-20S. 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 Utah

Utah S corporations file Form TC-20S; income generally passes through to shareholders and the $100 corporate minimum tax does NOT apply to S corporations (per the official TC-20 instructions). S corporations may have Utah pass-through withholding obligations for nonresident shareholders.

Franchise or gross-receipts tax

Utah's corporate tax is a franchise/income tax at 4.5% (2025). Every C corporation that files Form TC-20 must pay a minimum tax (privilege tax) of $100 regardless of whether it is profitable or exercised its charter. The $100 minimum tax does NOT apply to S corporations (which file TC-20S). Confirmed in the official TC-20 instructions.

Utah corporation vs Utah 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	$59	$59
Report cadence	Every year	Every year
Report fee	$18	$18
Entity-level tax on the LLC side	—	Corporate Minimum Tax (only LLCs that elect corporate treatment)

Both entities cost $59 to file in Utah, so the filing fee is not a reason to pick one over the other.

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

How Utah 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

: Yes. Utah 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 TC-20S (Utah S Corporation Return) — filed by any corporation with a federal S election, so long as that federal election remains in effect. No separate Utah S-election form is required; Utah follows the federal election.
: Utah S corporations file Form TC-20S; income generally passes through to shareholders and the $100 corporate minimum tax does NOT apply to S corporations (per the official TC-20 instructions). S corporations may have Utah pass-through withholding obligations for nonresident shareholders.
: TC-20S (Utah S Corporation Return) — filed by any corporation with a federal S election, so long as that federal election remains in effect. No separate Utah S-election form is required; Utah follows the federal election.

Where these numbers come from

This page covers how Utah treats the federal S-corporation election and what an S corporation still owes the state. Every figure was checked against Utah'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: