Form with which a corporation may resolve to alter its corporate status top that of a subchapter (S) corporation.
S Corporation With Foreign Shareholder In Bexar
State:
Multi-State
County:
Bexar
Control #:
US-0046-CR
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Yes, a Texas LLC can choose to be taxed as an S Corp by filing IRS Form 2553. This allows the LLC to benefit from the tax advantages of an S Corp, such as saving on self-employment taxes, while maintaining the operational flexibility of an LLC.
Individuals, corporations, other LLCs, and foreign individuals can all be members of an LLC. In most states, there is no restriction on the maximum number of members an LLC may have. LLCs can also choose from a range of tax treatment alternatives. States may have different laws governing LLCs.
There are seven steps you'll complete to start an S corp in Texas. Step 1: Check Name Availability. Step 2: Choose a Business Name. Step 3: Registered Agent. Step 4: Complete Form 201. Step 5: Bylaws and Regulations. Step 6: Obtain EIN. Step 7: File Form 2553.
As an employee of your S Corp, you can reduce self-employment tax liability by taking a salary from the business and other distributions. Setting up your Business-of-One as an LLC taxed as an S Corp – especially if it's a newbie – will appear more credible to potential customers and vendors.
As long as you can satisfy the following criteria around ownership and organization required by the IRS, you should have no trouble having your Texas LLC taxed as an S Corp. Then it's a simple matter of filing form 2553 with the IRS after you've had the form signed by an officer of the company and all shareholders.
If you're not a citizen, you must qualify as a resident alien to own a stake in an S Corp. Resident aliens are those who have moved to the United States and have residency but aren't citizens. Of the below, only permanent residents can own an S Corp.
Once you confirm you meet the requirements, you may apply for S Corporation status with the IRS by filing Form 2553. The State of Texas recognizes the federal S Corp election. Your business will still be subject to franchise taxes with the State of Texas.
FL, SD and WY are typically the best for no personal/business taxes. Nexus rules still apply to other states.
Any foreign individual or company can own a C-corp in the US. It is not exclusively for US residents. Ownership in a C-corp is given out by offering company's stock. Ones who own this stock are the called the shareholders of the corporation.
Similarly, all the members of the U.S. corporation's Board of Directors and all its officers can, if so desired, be non-U.S. nationals and U.S. non-residents. Most states require that all companies formed in the state have a registered agent in the state (more about registered agents can be found here).