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)?


Asked on 3/20/00, 8:16 pm

3 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

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/

Read more
Answered on 3/27/00, 11:27 pm

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.

Read more
Answered on 3/28/00, 10:14 am
Frank Rooney Frank J. Rooney & Associates

Re: Second class of stock under 26 USC 1361(b)(1)(D)

send us your mailing address to [email protected] for free information

Read more
Answered on 3/27/00, 6:29 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in New Jersey