S corporations - prerequirements
S corporations’
pre-requirements
·
Shareholders must be US citizens or residents of the United
States.
·
Shareholders may only be individuals, certain trusts, estates,
and certain exempt organizations (such as a 501(c)(3) nonprofit).
·
Shareholders may not be partnerships, corporations, or
non-resident alien shareholders.
·
Have 100 or fewer shareholders. Family members and their estate
count as one shareholder
·
Have just one class of
stock.
·
All shareholders must consent to the election.
In general, any
corporation or LLC that meets the below requirements may apply. LLCs should
simply interpret the rules for a “shareholder” as for a “member”.
For more details see 26 USC - IRC
§1361
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