Medium1 markMultiple Choice
Area 4: Entity TaxationEntity TaxationS Corporations

CPA · Question 45 · Area 4: Entity Taxation

Which of the following would terminate an S Corporation election?

Answer options:

A.

Having 95 shareholders.

B.

Having voting and non-voting common stock.

C.

Transferring stock to a partnership.

D.

Deriving 20% of gross receipts from passive investment income (for 1 year).

How to approach this question

S Corp Eligibility: Max 100 shareholders. No Corps/Partnerships as owners. One class of stock (voting differences ok).

Full Answer

C.Transferring stock to a partnership.✓ Correct
Transferring stock to a partnership.
Partnerships are not eligible shareholders of an S Corporation. Admission of an ineligible shareholder immediately terminates the election.

Common mistakes

Thinking non-voting stock creates a second class of stock (it doesn't).

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