Is my startup an S corporation?

By default, a corporation is a C corporation. If your corporation has not made an S corporation election, it is a C corporation.

Startups are C corporations with very few exceptions.

Can I elect S corporation status?

Generally speaking, a newly formed C corporation can make an election for S corporation status provided it meets certain requirements. One tax attorney has a helpful blog post about the process.

If you do make an S corporation election, please note that the products on Clerky have been designed solely for C corporations. We encourage you to consult an attorney to determine whether your S corporation can safely use our products.