Montana Sample Letter regarding Articles of Incorporation - Election of Sub-S Status

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Sample Letter regarding Articles of Incorporation - Election of Sub-S Status

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FAQ

Requirements for filing for S corp status Be a domestic corporation. Have only allowable shareholders. Allowable shareholders include individuals, certain trusts, and estates. Non-allowable shareholders include partnerships, corporations, or non-resident aliens.

In order to become an S corporation, the corporation must submit Form 2553, Election by a Small Business Corporation signed by all the shareholders. See the Instructions for Form 2553PDF for all required information and to determine where to file the form.

S Corp Approval Letter (CP261 Notice) The CP261 Notice officially confirms that your S Corporation has been established. Going forward, your S Corporation's business activity will be reported on the 1120s Business Tax Return.

Most importantly, you must have no more than 100 shareholders to qualify as an S-corporation. You must also only have what the IRS defines as ?eligible shareholders,? meaning shareholders must be individuals, certain trusts or estates. Shareholders also must be U.S. citizens or legal residents.

Requirements for an S corporation include: The corporation must not have more than 100 shareholders. All shareholders must be individuals, estates, certain tax-exempt organizations, or certain kinds of trusts. None of the individual shareholders can be classified as a nonresident alien.

To qualify for S-Corporation status, the business must be a corporation and meet the following requirements: Geography - Organized in the United States. Citizenship - All shareholders must be US Citizens or resident aliens. Number of Shareholders- It cannot have more than 100 shareholders.

Shareholders may not be partnerships or corporations. Shareholders must be US citizens or residents. The business may have no more than 100 shareholders. The business may only have one class of stock (if stock is issued).

An LLC can choose to be treated as an S corporation in a two-step process: File a Form 8832, Entity Classification Election. This causes the business to be taxed as a C corporation. Then file Form 2553 to elect an S corporation tax structure.

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Montana Sample Letter regarding Articles of Incorporation - Election of Sub-S Status