Can an S Corporation Own an S Corporation?

Overview of S Corporation Ownership Structures

An S corporation is structured to pass income, losses, deductions, and credits through to shareholders, avoiding double taxation. However, it has specific restrictions on ownership and subsidiary relationships.

Rules and Exceptions for S Corporation Ownership

  • An S corporation cannot have partnerships, corporations, or non-resident alien shareholders.
  • An exception exists for owning another S corporation as a Qualified Subchapter S Subsidiary (QSub).

Subsidiary Ownership under S Corporation

  • Parent companies typically control subsidiaries by purchasing a majority of voting shares.
  • Owning 100% of a subsidiary makes it a wholly owned subsidiary.

Tax Considerations and Business Structure

  • S corporations can own LLCs, which offer ownership flexibility.
  • An LLC cannot own an S corporation due to ownership restrictions.

Exploring Multiple Business Ownership

  • Different ways to structure multiple businesses legally, including DBAs, separate entities, or holding company models.

Considerations for Multiple S Corporations

  • Managing multiple accounting systems, tax returns, and payrolls with multiple S corporations.
  • Using an S corporation to own an LLC can help limit liability for entrepreneurs.

Consult a Business Lawyer for Specific Concerns

If you have questions about S corporation ownership structures and related legal matters, it’s advisable to seek guidance from a business attorney.

Leave a Comment