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 North Carolina
State:
Multi-State
Control #:
US-0046-CR
Format:
Word;
Rich Text
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FAQ
Forming an S corporation is straightforward. First, you start a business as a corporation by filing articles of incorporation with the Corporations Division of the North Carolina Secretary of State's Office. Next, to elect S corporation status, all shareholders in your company must sign and file Form 2553 with the IRS.
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.
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.
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).
There is no limit on the number of shareholders a corporation taxed under Subchapter C can have. Anyone can own shares, including business entities and non-U.S. citizens.
Can a foreign national start a business in the U.S. without being a resident? “Yes, You Can!” Every day, foreign nationals are setting up US businesses, from major enterprises to small shops. Accessing the US marketplace is the key to success for many businesses around the world.
North Carolina treats businesses that file as an S corp for federal income tax purposes the same way when it comes to income tax from the state. That is, the same pass-through taxation that applies to federal income taxes applies to state income taxes.
Only a green card or meeting the IRS' “substantial presence test” enables an alien to be eligible to be an S Corporation shareholder.
A U.S. entity that owns at least 10% of a foreign corporation may be considered the owner of a controlled foreign corporation (CFC), depending on the residency of the remaining shareholders. A U.S. company that owns at least 10% of a CFC is subject to additional U.S. tax reporting requirements.
Foreign ownership refers to the ownership of a portion of a country's assets (businesses, natural resources, property, bonds, equity etc.) by individuals who are not citizens of that country or by companies whose headquarters are not in that country.