Legal Question in Business Law in California

I have a Regular "C" Corporation in California. One of our shareholders is not a U.S. citizen. He is a dependent of an individual under an H1B Working Visa and currently files 1040 tax returns. Can we change to an "S" Corporation with this in mind? I would like to verify what my tax adviser has told me that in the eyes of IRS he is a U.S. resident and this is for tax purposes only. Thank you.


Asked on 1/15/12, 10:21 am

1 Answer from Attorneys
Shawn Jackson The Jackson Law Firm, P.C.

No, a non US citizen cannot be a shareholder of a "S" election corporation in California. For more information, visit the website below. In the alternative, we can send you a free memorandum on the subject matter which will help you understand some of the differences.

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Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney EMAIL: [email protected]

www.CaliforniaBusinessDevelopmentAttorneys.com

www.CaliforniaBusinessDevelopmentCenter.com

www.CaliforniaBusinessDevelopmentPlans.com

www.CaliforniaBusinessDevelopmentIncubator.com

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Answered on 1/16/12, 7:49 am


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