There are several IRS qualifications required in order to meet the eligibility to file for an S corporation. These are as follows:
(1) you must be an eligible entity with no more than 100 shareholders.
(2) all shareholders must be a resident or citizens of the United States.
(3) the corporation must possess only one type of stock.
(4) shareholders must receive profits according to their business interest, that the profit and loss distribtution is strictly based on percentage of shareholder ownership interest.
If these requirements are met, then you may file an IRS Form 2553 within 75 days of the initial tax year. The State requirements may be different and I would recommend that you consult a CPA or tax expert in that state for those requirements,