S Corporations: Loss of S Election Due to Disparate Distributions

Another item that could cause an entity taxed as an S corporation to lose the election is disparate distributions.  Like most things, this is simple in theory but more complicated in application.  The theory is that the shareholders of an S corporation are entitled only to the proportion of corporation distributions based on their percentage ownership of the stock.  In other words, if you are a shareholder of an S corporation, you are entitled to the same proportion of distributions as you own shares (if you own 1/3 of the shares, you are entitled to 1/3 of the distributions). Read more