Treasury Regulations · 26 CFR
§ 1.1362-1. Election to be an S corporation.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 1362
Cite as 26 CFR § 1.1362-1
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- November 25, 1992 by T.D. 8449
- Issued under
- 26 U.S.C. § 1362
- Length
- 116 words · about 1 min to read
- Cross-references
- cites 2 Code sections and 2 regulations; cited by 2
¶(a) In general. Except as provided in § 1.1362-5, a small business corporation as defined in section 1361 may elect to be an S corporation under section 1362(a). An election may be made only with the consent of all of the shareholders of the corporation at the time of the election. See § 1.1362-6(a) for rules concerning the time and manner of making this election.
[T.D. 8449, 57 FR 55449, Nov. 25, 1992]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
Cited by 2 other regulations
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Issued by T.D. 8449 (57 FR 55449)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
- Small Business Corporations and Their Shareholders
Nearby sections
- § 1.1361-4 Effect of QSub election.
- § 1.1361-5 Termination of QSub election.
- § 1.1361-6 Effective date.
- § 1.1362-0 Table of contents.
- § 1.1362-1 Election to be an S corporation.
- § 1.1362-2 Termination of election.
- § 1.1362-3 Treatment of S termination year.
- § 1.1362-4 Inadvertent terminations and inadvertently invalid elections.
- § 1.1362-5 Election after termination.