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The Daily Insight

Do S corp distributions have to be equal?

Author

Mia Ramsey

Published Mar 31, 2026

The distribution is based on the percentage of stock that each shareholder holds in the corporation. Because S-Corporations may only issue one kind of stock the distribution of the earnings to shareholders should always be proportionate to their holdings in the corporation.

With respect to a S-Corporation maintaining only one class of stock, the general rule is that distributions from S-Corporations to shareholders should be proportional to each shareholder’s ownership interest.

How many shareholders should an S corp have?

100 shareholders
The law states that an S corporation can have a maximum of 100 shareholders. There is no minimum number of shareholders. All the shareholders should be U.S. citizens. S corp shareholders who are not U.S. citizens must be U.S. residents.

Who are the equal shareholders of S corporation?

“S, a corporation, has two equal shareholders, A and B. Under S’s bylaws. A and B are entitled to equal distributions. S distributes $50,000 to A in the current year, but does not distribute $50,000 to B until one year later.

What happens to the shares of an S corporation?

The law allows for the estate of the deceased shareholder to hold the shares until the completion of the probate process. An S corporation can continue functioning legally if a shareholder files for bankruptcy and his shares are transferred to a bankruptcy estate. A single-member S corporation can be a shareholder in another S corporation.

Can A S corporation be a partner in a C corporation?

An S corporation can be a partner in a partnership or a shareholder in a C corporation. This can enable the business partners of an S corporation to have a measure of control on the financial affairs of an S corporation. Some S corporations have used this provision to indirectly increase the number of their shareholders.

Can A S corporation treat a family member as a shareholder?

S corporations can treat family members as one shareholder. The law is generous with its definition of a family member. Spouses, uncles, aunts, children, grandparents, grandchildren, first cousins, and even ex-spouses count as members of the same family. An S corporation can be a partner in a partnership or a shareholder in a C corporation.