Legal Question in Tax Law in New Jersey
Second class of stock under 26 USC 1361(b)(1)(D)
What constitutes "more than 1 class of stock"
to disqualify a corporation from S Corp status
under 26 USC 1361(b)(1)(D)?
3 Answers from Attorneys
Re: Second class of stock under 26 USC 1361(b)(1)(D)
Anything other than stipping the stock of voting rights will generally be considered a 2nd class of stock. Nevertheless, the facts and circumstances control. It sounds like you should consider converting to a limited liability company.
Ronald J. Cappuccio, J.D., LL.M.(Tax)
Counsellor at Law
(856) 665-2121
http://www.taxesq.com/
Re: Second class of stock under 26 USC 1361(b)(1)(D)
Are you merely asking what is a stock class? Typically different classes of stock are controlled by such features as different voting rights (non-voting versus voting shares), conversion features (Class B can be converted into 10 shares of Class A shares whenever someone wants), priority of dividend for example: preferred stock that gets all their dividends paid before any common stock gets any.
Re: Second class of stock under 26 USC 1361(b)(1)(D)
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