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If you have more than 100 shareholders but are treating family members as a single shareholder to reduces that number below 100, check the box on line G and see page 2 in the instructions. Choosing the right tax status can help you save money and protect your assets. Lastly, certain types of corporations are excluded from S-Corp status. This includes certain financial institutions, insurance companies, and domestic international sales companies.

If the revocation becomes effective on any other date, the IRS must receive the statement before the date indicated in the statement. Where you file Form 2553 depends both on where you live as well as whether you want to mail the form or fax it. Finally, when you have completed the Form 2553, an officer of the business must sign and date at the bottom of the first page, indicating their title as well.

IRS Form 2553, officially titled “Election by a Small Business Corporation,” is used by small businesses to elect S-corporation status under the Subchapter S of the Internal Revenue Code. This election alters the way a corporation is taxed by the Internal Revenue Service (IRS), moving from the standard corporate taxation to a pass-through mechanism. Many LLCs will benefit most from the default LLC tax classification. LLC owners often put any profit back into their small businesses each year to promote growth.

Step 3 (Optional): Complete Part III if You Have a Qualified Subchapter S Trust as a Shareholder

The election remains in effect until it is either terminated or revoked. However, significant changes in the corporation, such as shifts in ownership, might require a new election. Completing Form 2553 accurately is crucial for a successful S corporation election. Attention to detail ensures smooth processing by the IRS.

Box P1

This section provides the necessary mailing addresses and fax numbers. An S corp is a tax designation for which an LLC or a corporation can elect. If you expect to reinvest most of the profit back into your small business, default LLC status is the right choice. Filing fees with the IRS are minimal but the additional bookkeeping and payroll costs are not. For LLCs that already have employees and payroll costs, this factor won’t hold as much weight.

How to Fill Out and File Form 2553

Electing S-corp status can mean significant tax savings and a shift in reporting profits and losses. It’s crucial for business owners to understand the implications and benefits of this election. With an LLC, all company profits pass through to the owners’ personal tax returns, and then the owners must pay personal income tax and self-employment tax on the entire amount. But an S corporation isn’t required to pay taxes itself. Instead, profits and losses are passed directly to shareholders to report on their personal tax returns. This is why an S corp is called a pass-through entity.

No matter what moves you made last year, TurboTax will make them count on your taxes. Whether you want to do your taxes yourself or have a TurboTax expert file for you, we’ll make sure you get every dollar you deserve and your biggest possible refund – guaranteed. If you don’t know how to file Form 2553 or whether you need to file it with your state and federal taxes, our tax experts can evaluate your situation and help you make the right choice. If you checked boxes 2 or 4 on Line F, you need to complete this section. If you checked one of the other boxes, you can skip Part II. Next, provide the name and number of an officer or legal representative the IRS can contact if they have more questions.

• Under an S corp election, LLC owners become employees.
• This type of election is made on behalf of a trust that retains ownership as the shareholder of an S-corp; this will typically be the income beneficiary or legal representative.
• For the latest information, go to IRS.gov/Filing/Where-To-File-Your-Taxes-for-Form-2553..
• Businesses avoid double taxation by electing S corporation status.
• This portion of Form 2553 collects information about the business, its shareholders, and the officer or legal representative the IRS can contact for additional information.

Form 2553 FAQ

• Business owners must assess their company’s structure, tax situation, and long-term goals to determine if filing Form 2553 aligns with their objectives.
• This change in tax reporting is an essential consideration for potential S-corp shareholders.
• Eligible entities must also maintain an acceptable stock structure.
• In some cases, the tax year requested under the back-up section 444 election may be different than the tax year requested under business purpose.
• It is only completed if “a late entity classification election was intended to be effective on the same date that the S corporation election was intended to be effective”.

Filing IRS Form 2553 and making the S corporation election under Section 1362 of the Internal Revenue Code enables you to avoid paying taxes at corporate form 2553 and shareholder levels. Once you make an election as an S-Corp, there are certain tax forms you’re required to file. You can use small business tax tools to keep track of these forms and file online — and some forms may not apply to you. You can still file small business taxes if you don’t file Form 2553, but you’ll use the default tax status for your entity. If you miss the deadline, you can file before the next deadline to make an election as an S-Corp.

Scenario 1: Single-Member LLC – Direct S-Corp Election Without Form 8832

The choice between Form 2553 and Form 8832 depends on various factors, including the type of entity, the desired tax treatment, and the business structure. This section helps clarify which form aligns with specific business needs. Whether or not an LLC should elect S corp status depends on how much profit the business is going to earn.

If your business has agricultural employees, you can file Form 943. Form 2553 must be filed no later than two months and 15 days after the beginning of the tax year the election is to take effect. For new corporations, this is typically the date of incorporation.

However, relief for a late election may be available if the corporation can show that the failure to file on time was due to reasonable cause. Shareholders in an S corporation report income and losses on personal tax returns. It also allows shareholders to offset other income with business losses. Making the S corporation election unlocks a sea of opportunities. Besides tax advantages, the pass-through business structure allows shareholders to reduce their business expenses and borrow money. To form an S-Corp, the entity you’re electing must be a domestic corporation or a domestic entity eligible to elect to be treated as a corporation.

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