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Who can elect S-corp status?

Incorporation

Yes, and they are strict. Other corporations, partnerships, and non-resident aliens generally cannot hold S-Corp stock, and the total is capped at 100 shareholders with one class of stock.

The non-resident restriction rules out most cross-border founding teams. Our C-Corp and S-Corp comparison covers the eligibility rules.

Inkle assists with Delaware C-Corp incorporation and the filings that follow.

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