You do not form an "S Corp" with your state government. It is an election you make through the federal government that allows your corporation to pass corporate income, losses, deductions and credit to its shareholders. This avoids double taxation on corporate income.
The decision to elect S Corp status is often best decided by your accountant, but the attorney who helped you form the organization will need to apprise you of the requirements so you are eligible for an S Corp election. An S Corp must have fewer than 100 shareholders who are individuals, estates, exempt organizations or certain trusts. Among other requirements, it must also have only one class of stock, no nonresident alien shareholders, a tax year meeting certain requirements, and each shareholder must consent to the S Corp election.
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