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Glossary

Form 2553

Also known as: S-corporation election

form

The election by which an eligible US corporation chooses S-corporation taxation — pass-through to shareholders — instead of the default C-corporation treatment.

Full entry

Who can elect S

Only US-citizens-or-residents can be S-corp shareholders. A non-US owner cannot hold S-corp stock — if a foreign person holds any S-corp shares, the S election is invalidated.

Why this matters for non-US founders

If you are a non-US founder and someone has recommended an S-corp, the recommendation is wrong for your fact pattern. S is not available while you remain non-resident. Default C-corp (via Form 8832) or disregarded-entity treatment is where this community lives.

See also: Form 8832, disregarded entity.

This is not tax advice. See the disclaimer.

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