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January 19, 2021
Question

Form 1120, Schedule K, question 7 (startup tax question)

  • January 19, 2021
  • 1 reply
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On form 1120, Schedule K, question 7 says "At any time during the tax year, did one foreign person own, directly or indirectly, at least 25% of the total voting power of all classes of the corporation’s stock entitled to vote or at least 25% of the total value of all classes of the corporation’s stock?"

 

Would the above apply if no shares have been issued (shares were only authorized at incorporation)? In other words, can authorized shares be considered "stock entitled to vote" and what exactly does "all classes of the corporation's stock" mean --> would that include authorized shares, thereby requiring me to add the foreign individual?

    1 reply

    M-MTax
    January 19, 2021

    NO ONE OWNS authorized but unissued shares.

    kneljoAuthor
    January 19, 2021

    Perfect, that certainly does seem intuitive. Thanks for your prompt reply.