New York S-Corporation Status – Kit

Bahman Eslamboly

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An S-corporation is recognized by the Internal Revenue Service but is treated differently than other corporations in terms of federal taxation. S-corporations are taxed in the same way as partnerships and the corporation itself does not pay a corporate tax. Any taxable profits of an S corporation fall to the individuals who own shares in the corporation. This S-Corporation Status Kit contains important information regarding S Corporations.

This S-Corporation Status Kit for New York includes the following:
  • Notes and Requirements for S-Corporation Status
  • S-Corporation Checklist
  • Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Affidavit of Mailing of Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Waiver of Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Minutes of Special Shareholders Meeting Regarding S-Corporation Status
  • Resolution of Shareholders Regarding S-Corporation Status

Protect Yourself and your Business by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Information
  2. S-Corporation Status Kit for use in New York
State Law Compliance: This form complies with the laws of New York

New York S-Corporation Status – Kit

Product Details

Product New York S-Corporation Status – Kit
Country United States
Pages 11
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category S-Corporation Status
Product number #40217
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

An S-Corporation is a special type of corporation that meets specific Internal Revenue Code requirements. It allows income to be passed through to shareholders, avoiding double taxation at the corporate level.

To qualify for S-Corporation status, your corporation must meet certain criteria, including having a limited number of shareholders, being a domestic corporation, and having only allowable shareholders.

The kit includes essential documents such as a checklist for S-Corporation status, notice templates for special meetings, affidavits, and resolutions required for compliance.

Yes, you can elect to change your corporation's status to an S-Corporation after formation, provided you meet the eligibility requirements outlined in the kit.

Electing S-Corporation status allows for pass-through taxation, meaning that the corporation itself does not pay federal income tax. Instead, profits and losses are reported on the shareholders' personal tax returns, potentially lowering overall tax liability.

Is This Form Right For You?

Use This Form If:

  • Individuals who are starting a new business in New York may need this S-Corporation Status Kit to understand the requirements for qualifying their corporation as an S-Corporation. This kit provides essential guidelines that help ensure compliance with both state and federal regulations.
  • For those who currently operate a corporation and wish to change their tax status to that of an S-Corporation, this kit serves as a comprehensive resource. It includes necessary forms and checklists that facilitate the transition and help avoid potential legal pitfalls.
  • Situations requiring a special shareholders meeting to discuss the S-Corporation status can benefit from this kit. It contains templates for notices and minutes that streamline the meeting process and ensure all legal requirements are met.
  • Business owners looking to maximize their tax benefits may find this kit invaluable. By providing the necessary documentation and information, it assists in navigating the complexities of S-Corporation tax treatment, which can lead to significant savings.
  • Entrepreneurs who wish to protect their personal assets while enjoying the benefits of pass-through taxation will need this kit. It outlines the steps to establish S-Corporation status, ensuring that they can take advantage of the favorable tax treatment available.

Do Not Use If:

  • This kit is not appropriate for individuals who are not forming a corporation. If you are starting a sole proprietorship or partnership, different forms and guidelines apply.
  • If your corporation does not meet the eligibility requirements for S-Corporation status, such as having too many shareholders or ineligible shareholders, this kit will not be useful.
  • For businesses that are already classified as C-Corporations and do not wish to change their tax status, the S-Corporation Status Kit is unnecessary.
  • If you are looking for information on other business structures, such as LLCs or partnerships, this kit will not provide the relevant information you need.
  • In cases where legal advice is required for complex corporate structures or tax situations, relying solely on this kit may not be sufficient.

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Package of the most frequently used forms to start a corporation for use in all states.

Product Laws

S-Corp Information - New York

Address of state corporation department:
New York State
Department of State
Division of Corporations
41 State Street
Albany NY 12231
Telephone: (518) 473-2492
State web address: http://assembly.state.ny.us/leg/
State law reference: New York Business Corporation Law.
Title of filing: Certificate of Incorporation.
Filing Fees: $125.
Other fees: Organization tax, minimum $10, variable, based on stock. (New York Tax Law, Section 180).
Name reservation: Reservable for 60 days for $20 fee, renewable twice. (Section 303).
Name requirements: Corporation, Incorporated, Limited, or abbreviation. (Section 301(a)(1)).
Incorporator requirements: One or more natural persons, 18 years or older. (Section 401).
Corporate purpose requirements: General “all purpose” clause (see instructions). (Section 201(a)). (But see
Other Provisions below).
Director requirements: One or more. (Section 702).
Paid-in capital requirements: None.
Annual report requirement: Biennial statement due to Secretary of State. (Section 408).
Publication requirements: None.
Other provisions: Purpose must state that corporation is “not formed to engage in any act or activity requiring the
consent or approval of any state official, department, board, agency or other body without such consent or approval
first being obtained.” (Section 402(a)(2)). Articles must state the name of the county where the corporation’s office
will be located. (Section 402(a)(3)). Also, Articles must appoint N.Y. Secretary of State as agent upon whom
process may be served. (Section 402(a)(7)). Articles still must include the address to which the Secretary of State
should mail a copy of any process against it served upon him, (Section 402(a)(7)), and keep its address for service
of process current by filing it in its biennial statement, or in a Certificate of Change or Certificate of Amendment,
as appropriate. If the corporation is to have a registered agent, the Articles must provide his name and address
and state that he will be the agent upon whom process against it may be served. (Section 402(a)(8)). The stateprovided
Certificate of Incorporation form suggests authorizing 200 shares of stock with no par value, but this is
merely a suggestion.

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