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CO online Form 8869: What You Should Know
To be an S corporation in Virginia, you must: Have a class of shares that includes at least 50% of the shares of common stock, paid-up capital stock, any class of preferred stock, at least 75% of the voting rights of the capital stock, at least 50% of the stock of the consolidated entity, and not substantially less than 10% of the voting power of all the outstanding capital stock of the consolidated entity. Form S-3: S Corporations and Qualified Subchapter S Subsidiaries It is a requirement that the corporation is a 'small business corporation' and has no assets (generally less than 25,000). You can apply for an S-3 by filling out a form called the S-3 (Individual Certificate of Formation). If this is all you need to apply, check out a form to use for the new business if you already have a business or want to create a separate one. The other section (Section 3) is where it gets a little tricky. To register as an S corporation in Virginia, you must file with the Secretary of State a Certificate of Formation. You should be able to find a form online (but the ones I've seen didn't work for me, so I found them here) that is useful for this type of information. The forms for S-3 are available in our Guide to S Corporation Formation chapter in the Virginia Tech University Tax Guide website.
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