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How can we find out if a corporation is a C corporation or and S corporation?

Key Biscayne, FL |

We signed a contract with a Florida corporation which is registered with the secretary of state. Now we have a contract and tort action against them. How can we find out if this corporation is a C- or an S-corporation? Is that information available through the secretary of state? Can we find out by interrogatories or request for production through the lawsuit?

Attorney Answers 4

Posted

You can find out during discovery.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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Posted

I agree with the previous post. You can obtain the information through discovery. That information is not available with the secretary of state.

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Posted

The Florida corporation's election of how to be taxed will have no bearing on your ability to seek your actions based upon their breach of contract. If you are looking for information to pierce the corporate veil you may want to focus your discovery issues toward the entity's corporate records and minutes to make sure they are observing all of the formalities required under Florida law (see Dania Jai-Alai Palace, Inc., 450 So.2d 1114).

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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Posted

Through discovery obtain a tax return. You will be able to tell then how the corporation is taxed.

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