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What are the Eligibility Requirements for Electing S Corporation Status?

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Question: What are the Eligibility Requirements for Electing S Corporation Status?

An S corporation is a corporation in which the taxes pass through to the owners. S corporations are formed by first incorporating a business in a state, then electing S corp status with the IRS. Only certain types of corporations may elect S corporation status.

Answer:

Eligibility Requirements for S Corporation Status
To qualify for S corporation status, the corporation must meet the following requirements:


  • Be a domestic corporation (that is, it must be formed within a state of the U.S.
  • Shareholders are limited to individuals, certain trust and estates
  • Shareholders may not include partnerships, corporations, or non-resident aliens
  • The corporation may have no more than 100 shareholders
  • The corporation may have no more than one class of stock
  • The corporation may not be ineligible for other reasons, that is certain financial institutions, insurance companies, and domestic international sales corporations.
    In addition, the corporation must agree to a calendar year fiscal (financial year) to correspond with the tax year for individual tax returns (there are exceptions to this requirement).

    To elect S corporation status, Form 2553 must be filed with the IRS no later than two and a half months into the company's fiscal year. Read more about how to file an S corp election.
    http://biztaxlaw.D106/od/corporations/tp/allaboutscorp.htm
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