Title: Delaware Sample Letter regarding Articles of Incorporation — Election of Sub-S Status Introduction: In Delaware, a Sample Letter regarding Articles of Incorporation — Election of Sub-S Status is a formal document used by corporations to pursue Subchapter S (Sub-S) corporation tax status. This classification allows corporations to pass income, losses, deductions, and credits through to their shareholders' personal tax returns, thus avoiding double taxation on corporate profits. This article will provide a detailed description of the purpose, key sections, and different types of Sample Letters regarding Articles of Incorporation — Election of Sub-S Status in Delaware. 1. Purpose of the Delaware Sample Letter regarding Articles of Incorporation — Election of Sub-S Status: By electing Sub-S status, corporations aim to gain tax advantages, shield personal assets, and maximize flexibility in tax planning. The Sample Letter acts as a formal request to the Internal Revenue Service (IRS), informing them of the corporation's intent to be taxed as a Sub-S corporation. 2. Key Sections of the Delaware Sample Letter regarding Articles of Incorporation — Election of Sub-S Status: a. Corporation Details: Provide the corporation's legal name, date of incorporation, principal address, and taxpayer identification number (TIN). b. Election Statement: Clearly state the corporation's election to be taxed as a Sub-S corporation under Subchapter S of the Internal Revenue Code. c. Shareholder Consent: Attach a list of shareholders, their respective addresses, shares owned, and Tins. Include a statement expressing the consent of each shareholder to the Sub-S election. d. Effective Date: Specify the effective date of the Sub-S election and indicate whether it is for the current or future tax year. e. Signature and Date: The Sample Letter must be signed by an authorized officer of the corporation and include the date of signing. 3. Types of Delaware Sample Letters regarding Articles of Incorporation — Election of Sub-S Status: a. Initial Sub-S Election: This letter is used when a newly incorporated corporation wishes to elect Sub-S status from its inception. It is filed within 75 days of incorporation. b. Retroactive Sub-S Election: If a corporation missed the deadline for the initial Sub-S election, but still wants to elect Sub-S status, this letter is used. It includes a statement justifying the reason for the missed deadline. c. Late Sub-S Election: This letter is utilized when an existing corporation decides to convert its tax status to Sub-S after the initial 75-day period. It requires detailing the circumstances leading to the late election and requesting the IRS's approval. Conclusion: The Delaware Sample Letter regarding Articles of Incorporation — Election of Sub-S Status is a crucial document for corporations seeking the tax benefits associated with Sub-S status. By accurately completing the key sections and choosing the appropriate type of letter, corporations can properly request the IRS to recognize their election.