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To terminate your domestic LLC in Montana, you must provide the completed Articles of Termination for a Limited Liability Company form to the Secretary of State by mail, fax or in person, along with the filing fee.
To form a Montana S corp, you'll need to ensure your company has a Montana formal business structure (LLC or corporation), and then you can elect S corp tax designation. If you've already formed an LLC or corporation, file Form 2553 with the Internal Revenue Service (IRS) to designate S corp taxation status.
Montana requires that all sole proprietorships, general partnerships, corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), or out-of-state companies that regularly transact business in Montana under a name different from their legal name, must file a DBA ...
LLCs can have an unlimited number of members; S corps can have no more than 100 shareholders (owners). Non-U.S. citizens/residents can be members of LLCs; S corps may not have non-U.S. citizens/residents as shareholders. S corporations cannot be owned by corporations, LLCs, partnerships or many trusts.
Businesses that are incorporated in another state will typically apply for a Montana certificate of authority. Doing so registers the business as a foreign entity and eliminates the need to incorporate a new entity. Operating without a certificate of authority may result in penalties or fines.
To qualify for S corporation status, the corporation must meet the following requirements: Be a domestic corporation. Have only allowable shareholders. ... Have no more than 100 shareholders. Have only one class of stock.
To form an S Corp in California, you must file Form 2553 (Election by a Small Business Corporation) with the IRS and then complete additional requirements with the state of California, including filing articles of incorporation, obtaining licenses and permits, and appointing directors.
Do you need an EIN for an S-Corp? While an S-Corp is not legally required to have an EIN for tax purposes (partnerships and traditional corporations must), it's a good idea to get one anyway, because EINs are needed to achieve several business objectives you will undoubtedly wish to pursue with your business.