How to Obtain S Corp Status from the IRS

How do I get an S corp status from the IRS?
To obtain S corporation status under the IRS Code, you must incorporate under the laws of your home state. You can then apply for S corporation status by filing Form 2553. You will then receive a notice from the IRS within 60 days of filing advising whether or not your request is approved.
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If you’re a small business owner seeking tax advantages, you might want to think about applying to the IRS for S Corporation (S Corp) status. The S Corp classification enables your company to be taxed as a pass-through corporation, which means that business revenue and expenditures are reported on the shareholders’ individual tax returns. Small business owners may significantly reduce their tax burden as a result of this. Here is a guidance on how to apply to the IRS for S Corp status.

You must first incorporate your company as a C Corporation or a limited liability company (LLC) in order to qualify for S Corp status. Following the incorporation of your company, you can submit Form 2553, Election by a Small Business Corporation, to the IRS. By the later of March 15 of the year you wish the S Corp status to take effect—or within 75 days of the incorporation date—this form must be submitted.

Your company must fulfill the following criteria in addition to filing Form 2553 in order to be eligible for S Corp status: Be a domestic corporation or LLC and meet the following requirements:

– Have no more than 100 shareholders;

– Have just one class of stock;

– Not have any nonresident alien shareholders. You will get a letter verifying your election after the IRS grants your S Corp status. It’s crucial to remember that attaining S Corp status is a continuing process. To keep your S Corp status, you must continue to comply with the rules and submit the required tax returns.

If you require a copy of your letter confirming your S Corp status, contact the IRS at their toll-free number or go in person to your nearest IRS office. If you have an IRS account, you can also access a copy of your letter online.

When the maximum number of shareholders is reached, a second class of stock is issued, or a non-eligible shareholder is present, the S Corporation election may be automatically terminated.

An S Corp might end involuntarily in one of two ways. It can lose its status, to start with, if it no longer satisfies the qualifying standards or fails to file the proper tax returns. Second, it will no longer be regarded as a S Corp if the shareholders decide to rescind the S Corp election.

An S Corporation may unintentionally be terminated if it fails to satisfy one or more qualifying conditions or if a tax return error occurs. You can petition for relief through the IRS’s automatic relief program or by asking for a private letter ruling if you find an unintentional termination.

In conclusion, acquiring S Corp status from the IRS can give small business owners significant tax advantages. You must first incorporate your company, satisfy the qualifying conditions, and submit Form 2553 in order to get S Corp status. To keep your S Corp status, it’s critical to comply with the ongoing requirements and file the required tax filings. It is important to speak with a tax expert if you have any queries or worries concerning S Corp status.

FAQ
How do I get my name off a corporation?

Selling your shares or ownership stake in the corporation to another person or entity is the only way to remove your name from the corporation. This can be accomplished through a stock purchase contract or another formal ownership transfer. You might also need to file the necessary documentation with the state where the corporation is registered and update the corporation’s records. To ensure that all legal requirements are completed, it is advised to consult a lawyer or accountant.