Terminating S Corp Election
Q:
Subject: conversion-s corp to c corpcan you provide the statement required to be filed with the irs to do the conversion, or the publication where more info can be found?Thanks
A #1:
You can find the requirements for terminating the S election on pages 2-3 of the 1120S instructions, which you can download from the IRS at: www.irs.gov/pub/irs-pdf/i1120s.pdf
Good luck.
Kerry Kerstetter
A #2:
I was browsing through my Tax Tools programs and saw that the Corresponder program has the following template for revoking the S election. It's short enough that I copied and pasted it here.
I hope this helps.
Kerry Kerstetter
Page 1:
Statement to Revoke Sub chapter S Election (IRC Section 1362(d))
To: Internal Revenue Service<insert service center address>
Re: [Client: Taxpayer & Spouse name(s)/Company Name]
[Client: Street address, Apt/Ste/PMB #, plus line 2 (if any)][Client: City, State Zip] ID: [Client: Taxpayer's SSN/Company FEIN]
The above mentioned company hereby revokes its election under IRC Section 1362(a) in accordance with IRC Code Section 1362(d). As of < insert date >, there are < insert number > shares of issued and outstanding shares of stock in [Client: Taxpayer & Spouse name(s)/Company Name]. Attached are signed consents by all shareholders holding more than one-half of the issued and outstanding stock in [Client: Taxpayer & Spouse name(s)/Company Name].
[Client: Taxpayer & Spouse name(s)/Company Name]
By: ____________________________
(Title)
Date: _____________________
Page 2:
Attachment of Shareholders to Statement of Consent to Subchapter S Revocation
The undersigned shareholders in accordance with IRC Section 1362(d) hereby consent to the revocation by the [Client: Taxpayer & Spouse name(s)/Company Name], ID# [Client: Taxpayer's SSN/Company FEIN] of its election under IRC Section 1362(a). Such revocation is effective < insert date >.
By: _____________________________________ ___________________<insert name of shareholder> Date <insert address> <insert city, state, zip> ID: <insert ID#>
By: _____________________________________ ___________________<insert name of shareholder> Date <insert address> <insert city, state, zip> ID: <insert ID#>
By: _____________________________________ ___________________<insert name of shareholder> Date <insert address> <insert city, state, zip> ID: <insert ID#>
At the time of this revocation, the issued and outstanding shares of the [Client: Taxpayer & Spouse name(s)/Company Name] are held as follows:<insert shareholder> <insert number of shares> <insert shareholder> <insert number of shares> <insert shareholder> <insert number of shares>