Your Guide to Filing Form 2553: Electing S Corporation
Businesses can elect a variety of tax years and still be eligible for S corp election. To learn more, view the “general” section of the IRS instructions to Form 2553. If you miss this original deadline, you may be able to qualify for late election relief.
A reliable PDF editor can assist in filling out the form digitally. Ensuring all shareholder signatures are included is critical to avoid invalidation. Electing S Corporation status requires submitting Form 2553 with accurate corporate information, including the corporation’s name, address, and Employer Identification Number (EIN).
It cannot have more than 100 shareholders, and only one class of stock is permissible. Under Item F, check the box that corresponds with the S corporation’s selected tax year. If box 2 or 4 is checked, provide the additional information about the tax year, and complete Part II of the form.
How much does it cost to file Form 2553?
But if your business is generating a great deal of profit—profit you’d like to put in your pocket—then filing as an S-corp is the way to go. With an S corp, owners pay personal income tax and self-employment tax on a predetermined salary. They may then withdraw any remaining profits from the business as a “distribution,” which isn’t subject to self-employment tax. Filing IRS Form 2553 might seem intimidating at first, but once you understand the purpose and process, it becomes a straightforward way to take control of how your business is taxed.
How do you know if your LLC is already-existing or newly-formed?
- For small business owners who want the benefits of pass-through taxation and limited liability protection, they may consider electing to have their LLC treated as an S Corporation for tax purposes.
- This section is only required if your business wants to use a fiscal year instead of the standard calendar year.
- Form 2553 must be signed and dated by the president, vice president, treasurer, assistant treasurer, chief accounting officer, or any other corporate officer (such as tax officer) authorized to sign.
- When filing a late election, you can either explain your reasonable cause on line I of Form 2553 or attach a statement with your form.
For many business owners, electing for their business to be treated as an S corporation for tax purposes will save them on taxes as well as provide other benefits. Form 2553 is a tax form on which owners of an LLC or corporation can elect for their business entity to be taxed as an S corporation for federal income tax purposes. Depending on when you want the election to take effect, you can file Form 2553 at two different points during the year. If you want the election to be effective during the current tax year, you must file Form 2553 within the first two months and 15 days of the year. If you file the form anytime after that, the S corporation status will go into effect during the next tax year.
- Tax form 2553 is the key to electing S corporation status, allowing your business to be recognized under Subchapter S of the federal tax code.
- Kelly Main is a Marketing Editor and Writer specializing in digital marketing, online advertising and web design and development.
- This section provides the necessary mailing addresses and fax numbers.
- Filling out IRS Form 2553 involves listing your company basics, entering your tax election information, selecting your fiscal tax year, and designating a point of contact.
- If you want to file your taxes as an S corporation, then you must fill out Form 2553.
Part III: Qualified Subchapter S Trust (QSST) Election
For details, see Form 8869, Qualified Subchapter S Subsidiary Election. The income of an S corporation generally is taxed to the shareholders of the corporation rather than to the corporation itself. For details, see Tax and Payments in the Instructions for Form 1120-S, U.S. Unfortunately, you cannot e-file Form 2553; it has to be sent to the IRS by mail or fax. The address and fax number depend on where your business is located.
Individual Tax Forms
You only have to file Form 2553 if you want your LLC to be treated as an S-corp for income tax purposes. 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. And without profit and distributions, there’s no basis for electing an S corp. The IRS requires that businesses that elect the S corp status have 100 shareholders or less and they are only allowed to issue one class of stock.
The following are allowed to be owners (shareholders) of an S-Corporation:
Provide a written explanation of the delay along with your completed form submission. To be an S corporation beginning with its short tax year, you must file Form 2553 during the period from November 8 to January 22. Filing within this window is critical to elect Irs Form 2553 Instructions S-Corp status in the corresponding tax year. Consult a CPA when your corporation’s activities change significantly, such as mergers or new revenue streams. They can guide you on how such changes impact your S status eligibility. Their expertise helps avoid errors in tax year deadlines and ensures compliance with IRS regulations.
This includes preparing for different tax filings and leveraging new tax advantages. All shareholders must consent to the S-corp election, and there are limits on the number and type of shareholders allowed. The role and responsibilities of shareholders in this process are critical. Errors in completing Form 2553 can lead to rejection of the S-corp election. Common mistakes include incorrect shareholder information, missing signatures, or incorrect tax year references. Filling out IRS Form 2553 involves listing your company basics, entering your tax election information, selecting your fiscal tax year, and designating a point of contact.
When To Make the Election
These professionals offer insights into maintaining compliance throughout the tax year and ensuring that your corporation meets all stipulated criteria. Their guidance is especially beneficial for corporations with complex ownership structures or those undergoing significant operational changes. By seeking professional advice, you can better manage your corporation’s financial health and legal standing. Navigating the complexities of Form 2553 can be challenging, especially if you’re considering switching your corporation to an S status for tax purposes. Consulting with experts like CPAs can ensure the process is smooth and your elections are valid.
For instance, a limited liability company (LLC) can choose to be taxed as an S or C corporation. As an owner of an S corporation, you must file Form 1120-S annually with the IRS. This form reports the corporation’s income, deductions, and credits. While the S corporation itself generally has no federal income tax liability, accurate and timely filing is crucial to maintaining your tax status.
While we strive to maintain accurate and current information, business regulations and requirements vary by jurisdiction and are subject to frequent changes. Only a corporation or LLC can elect S-corp status with the IRS by filing Form 2553. At Taxfyle, we connect individuals and small businesses with licensed, experienced CPAs or EAs in the US. We handle the hard part of finding the right tax professional by matching you with a Pro who has the right experience to meet your unique needs and will handle filing taxes for you. After filing, it’s crucial to receive confirmation from the IRS that your S-corp election has been accepted. This section discusses how to verify acceptance and what documents to expect.