What Percentage of Shareholders Must Consent to the S Corp Election?

Requirements for S Corp Election

  • To elect S corporation status, a corporation must timely file Form 2553.
  • All shareholders must consent.
  • Only over 50% of stock is required to terminate S corporation status.

Base Year Information

The base year for the October 1, 2019 to September 30, 2020 election year is October 1, 2018 to September 30, 2019.

S Corporation Status Overview

  • S corporation status means the entity is not taxed.
  • Shareholders report income and deductions on personal returns.
  • Ownership is limited to 100 shareholders who must be individuals, certain trusts or estates, or exempt organizations like 501(c)(3) nonprofits.

Revoking S Corp Status

  • Over 50% of voting and nonvoting shareholders must consent to revoke S corporation status.
  • The consent is recorded in a meeting.
  • A letter is sent to the IRS with signatures, Social Security Numbers, ownership percentages, and the termination date.

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