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"S" CORPORATION

Los Angeles, CA |

I AM FILING THE ARTICLES OF INCORPORATION WITH THE SECRETARY OF STATE. HOWEVER, I WOULD LIKE TO CLARIFY THE FOLLOWING:
TO BECOME AN "S" CORPORATION, THAT REQUEST IS SUBMITTED DIRECTLY TO THE IRS CORRECT? AND THIS IS DONE BY SUBMITTING FORM 2553 "ELECTION BY A SMALL BUSINESS CORPORATION"? Please advise, I would greatly appreciate any guidance. Best Regards

Attorney Answers 5


  1. You are correct.

    This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.


  2. Yes, that's the procedure.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. I agree with all other lawyers. First file the Articles of Incorporation. Then fill out the from 2553, which requires some of the same information, to make the S election within 75 days of the information, unless some exceptions apply. No more form 3560 for California is needed for several years now.


  4. As all the other attorneys have stated - you are CORRECT! The articles for a corporation have no impact on what makes it an "S" Corporation. It is the filing of Form 2553 that makes it an "S" coporation. Be sure that your organizational meeting minutes authorize the election to be treated as a small business. File the Articles of Incorporation with the Secretary of State, Form 2553 with the IRS, and keep your organizational meeting minutes in your corporate record book.

    The answer to your question on this forum does not constitute an attorney-client relationship. You are advised to seek counsel for a complete and thorough assessment of your legal issue.

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