Utah 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

FAQs About IRS Form 2553 The IRS will let you know whether your S corp election has been accepted within 60 days after you file Form 2553. However, if you checked box Q1 in Part II requesting that the IRS send you a ruling letter, acceptance of Form 2553 can take an additional 90 days.

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. S Corp Application Form (2553) Proof of S Corp and Effective Date.

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.

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.

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.

First, an LLC would need to elect to be taxed as a corporation by filing Form 8832, Entity Classification Election. After that, an LLC can then file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.

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