South Dakota 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 South Dakota 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 South Dakota
State Law Compliance: This form complies with the laws of South Dakota

South Dakota S-Corporation Status – Kit

Product Details

Product South Dakota 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 #40226
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, losses, deductions, and credits to pass through to shareholders, avoiding double taxation on corporate income.

To qualify for S-Corporation status, your corporation must meet certain criteria set by the IRS, including having no more than 100 shareholders and only one class of stock. This kit provides the necessary forms and guidelines to help you through the process.

The kit includes essential documents such as a checklist for S-Corporation status, notices for shareholder meetings, affidavits, waivers, and minutes of meetings. These documents are crucial for compliance and proper record-keeping.

Yes, existing corporations can elect to be treated as S-Corporations by filing the appropriate forms with the IRS and meeting specific requirements. This kit provides guidance on how to navigate that conversion process.

S-Corporations benefit from pass-through taxation, meaning the corporation itself does not pay federal income tax. Instead, income is reported on the shareholders' personal tax returns, potentially leading to lower overall tax liability.

Is This Form Right For You?

Use This Form If:

  • Individuals looking to establish an S-Corporation in South Dakota will find this kit invaluable. It provides the necessary guidelines and documentation to ensure compliance with state and federal regulations, allowing for a smooth transition into this business structure.
  • For business owners who wish to take advantage of the tax benefits associated with S-Corporations, this kit outlines the steps needed to qualify. It includes checklists and meeting notices that facilitate the process of converting a standard corporation into an S-Corporation.
  • Situations requiring a formal meeting of shareholders to discuss S-Corporation status can utilize this kit. The included documents, such as the minutes and resolutions, help ensure that all necessary legal procedures are followed during the meeting.
  • Entrepreneurs seeking to protect their personal assets while enjoying the tax advantages of an S-Corporation will benefit from this comprehensive kit. It provides essential forms and information to help them navigate the complexities of S-Corporation status.
  • For those who have recently formed a corporation and are considering S-Corporation status, this kit serves as a crucial resource. It contains all the necessary documentation to facilitate the election process and ensure compliance with South Dakota laws.

Do Not Use If:

  • This kit is not appropriate for businesses that do not meet the eligibility requirements for S-Corporation status. For instance, if your corporation has more than 100 shareholders or multiple classes of stock, you cannot elect S-Corp status.
  • If your business operates in a state other than South Dakota, this kit may not comply with the specific legal requirements of your state. It's essential to use forms and guidelines that are tailored to your jurisdiction.
  • Situations where the corporation has accumulated significant passive income may not be suitable for S-Corporation status. If passive income exceeds certain thresholds, it could jeopardize the S-Corp election.
  • This kit is not intended for sole proprietorships or partnerships looking to incorporate. It specifically addresses the needs of existing corporations seeking S-Corporation status and does not provide guidance for other business structures.

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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 - South Dakota

Address of state corporation department:
South Dakota Secretary of State
State Capitol
500 E. Capitol Avenue
Pierre SD 57501
Telephone: 605-773-4845
State web address: http://www.state.sd.us/
State law reference: South Dakota Compiled Laws, Title 47, Chapter 1A.
Title of filing: Articles of Incorporation.
Filing Fees: $125.
Other fees: None.
Name reservation: Reservable for 120 days for $20 fee. (Section 47-1A-402).
Name requirements: Corporation, Incorporated, Company, Limited, or abbreviation. (Section 47-1A-401).
Incorporator requirements: One or more persons or entities. (Section 47-1A-140(28), 47-1A-201).
Corporate purpose requirements: General “all purpose” clause (see instructions). (Section 47-1A-301).
Director requirements: One or more (may be nonresidents). (Sections 47-1A-802, 47-1A-803). But the shareholders
can agree that there will be no board of directors and the corporation will be managed by shareholders instead.
(Sections 47-1A-732, 47-1A-801).
Paid-in capital requirements: None.
Annual report requirement: Yes, to Secretary of State. (Section 47-1A-1621). $30 filing fee.
Publication requirements: None.
Other provisions: Articles of Incorporation must state street address of corporation’s principal office, or state that
there is no street address. (Section 47-1A-202). The registered agent must sign the Articles of Incorporation, consenting
to the appointment as agent for the corporation.

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