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Form Instructions 2553 online Fort Collins Colorado: What You Should Know

E. U.S. territory, possessions and islands. The number of shareholders for most Colorado corporations is 3. An S corporation (i) must be formed in this or another state, (ii) must have a minimum of 3 shareholders, and (iii) must be organized under the laws of any state. A corporation is a legal entity with legal authority to act for itself. It can do for itself what you are prohibited from doing for yourself as an individual (such as engaging in business without a license). A corporation is separate from all persons and entities associated with it. Its assets and liability are separate. Who May Files An individual who is 18 or older in Colorado who has not been a resident of the state of Colorado for two years at the time he or she files Form 2553 is eligible to elect for S corporation status. An entity that is composed of a single person or entity will be treated by Colorado law as a single corporation for any purposes, including making an election under section 444. Colorado's corporations must be treated as operating for profit. An officer of an S corporation can be the person who: has control of the corporation; is the president and sole shareholder, or is the registered agent of the corporation. Note: 1. For corporations incorporated in Colorado, a corporation election on form 2553 is required annually. (Colorado corporations are typically organized annually on June 1.) See CRS 12.3(m) for more information about the annual election 2. For businesses located in Colorado that make distributions in the state, the Colorado Secretary of State may issue a “Certificate of Authority to Make Distributions” to a business. A business in Colorado can use the certificate to determine whether it is required to file a tax election with the Colorado Department of Revenue. b. An S corporation may elect for any tax year to remain as a Delaware corporation. The election: must be made by a majority of all shareholders; remains valid for the full tax year if the corporation is reincorporated into a Delaware corporation in a subsequent year; and does not create an estate or trust in Delaware. c. An S corporation may elect for any tax year to be a Delaware limited liability company (LLC). The election: must be made by a majority of all shareholders; and does not create an estate or trust in Delaware. d.

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