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Can a foreign person own an S corporation?

Incorporation & entity structure

No. Non-resident aliens cannot hold S-Corp stock, and a transfer to one terminates the election.

Resident aliens who meet the substantial presence test can. The distinction is tax residency rather than citizenship, so it can change if someone relocates.

We handle this for founders running US companies.

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Check your EIN confirmation letter (CP 575) first. If that is gone, look at a previously filed tax return, a business bank account application, or any 1099 you have issued. Your bank or your payroll provider will also have it on file.

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