Form 2553: Election by a Small Business Corporation
IRS Form 2553 (Under section 1362) is what helps you elect to be taxed as an S corporation instead of the default C corporation status. A business that files for incorporation with the IRS is designated as a C corporation by default. It makes sense to have your business incorporated as an S corporation to potentially save on taxes. It is essential for S corporations to keep track of their shareholder count and stock classes to ensure compliance with the eligibility requirements. Regularly reviewing and updating the company’s recordkeeping can help maintain compliance with these rules. The IRS provides detailed instructions for filing Form 2553 on their website.
Comparatively, C corporations pay a corporate tax with a tax rate of 21% in addition to what shareholders pay on their personal tax return, resulting in double taxation. Form 2553 is a tax form used by limited liability company (LLC) and C corporation owners to elect to be treated as an S corporation for federal income tax purposes. By making this election, a C corporation can avoid double taxation on corporate income.
Comparing S Corps and C Corps
Calculating your S-Corporation’s tax obligations and correctly filing all IRS forms can be complicated, and if done improperly, can lead to IRS penalties, fines, and interest. Please allow 45 to 60 days for the IRS to mail you back your S-Corp election approval letter. Where you mail or fax Form 2553 is determined by the state where your LLC was formed. This section does not apply to most filers, so they leave everything blank, however make sure to review your filing and speak to your accountant if anything in this section needs to be completed. You’ll need an EIN in order to make the S-Corporation tax election.
- Their personal assets (like homes, vehicles, and bank accounts) are protected in the event of a lawsuit and cannot be used to pay off the debts or liabilities incurred by the S-Corporation.
- The election can be attached to the first Form 1120-S for the year including the effective date if filed simultaneously with any other delinquent Forms 1120-S.
- 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”.
- An entity without stock, such as a limited liability company (LLC), should enter the percentage of ownership and date(s) acquired.
- Shareholders of an S-corp must report their share of the corporation’s income, deductions, and credits on their personal tax returns.
This election can lead to potential tax savings by enabling income, losses, deductions, and credits to pass directly to shareholders, avoiding double taxation. There are, however, additional requirements and potential costs of running your business as a S corporation. The corporation itself pays corporate income taxes on profits at the corporate tax rate. Then, shareholders pay personal income taxes on any dividends they receive. These shareholder taxes are calculated at the individual’s personal tax rate.
What Is Form 2553 Used For?
The S-corp tax election can help lower taxes for a small business by sheltering some profits from self-employment taxes. As an entity that is taxed like a sole proprietorship or partnership, all the entity’s profits are subject to self-employment taxes. Self-employment taxes include Social Security and Medicare taxes, which cost the owner 15.3% of the business’s profits. To initiate the S corporation election, you, as a shareholder, must provide your consent.
When to Use the S Corp Tax Classification
Enter the number of shares of stock each shareholder owns on the date the election is filed and the date(s) the stock was acquired. An entity without stock, such as a limited liability company (LLC), should enter the percentage of ownership and date(s) acquired. Choosing S corporation status can help you save on taxes and simplify your business tax filings. It allows you to avoid the double taxation of a C corporation while enjoying the protection of limited liability for your business. So if an S corp is also a pass-through entity, where do the tax savings come from? In other words, if you expect to generate significant profits, and expect to pay out those earnings to owners, electing to file taxes as an S corp may make a lot of sense.
The effective date of your S corporation election is determined by the date you submit your Form 2553. For a newly-formed business, the election can be effective for the current tax year if filed within 75 days of the formation. Existing businesses must ensure their election is filed in a timely manner for it to be effective in the desired tax year. If aiming for a particular tax year, careful planning around the formation date and filing timeframe is vital to align with your business’s financial strategies. The S corp tax classification allows business owners to be taxed as employees of an LLC. Under an S corp, the LLC business owner pays FICA (Medicare and Social Security Tax) and income tax on their salary.
How can I obtain a PDF download of IRS Form 2553?
Read on for our overview and the instructions to fill out form 2553. Get free guides, articles, tools and calculators to help you navigate the financial side of your business with ease. Learn all about vendor payments, how the process works, and how Fincent can help you automate the process.
What’s the difference between Form 2553 and Form 8832?
Form 2553 is typically filed once when a corporation or entity first elects to be treated as an S corporation. However, if the election is revoked or terminated, and the business wishes to regain S corporation status, the form must be filed again. Another advantage of electing S Corp status is the ability to pass deductions and losses through to shareholders.
For information on relief for late filers, review the “general” section of the IRS instructions to Form 2553. For information on relief for late filers, review the “general” section of the IRS instructions to Form 2553. Josh Reynolds brings to business journalism a diverse career spanning technology, marketing, and finance, with a deep dive into private equity and FP&A.
To become an S corporation (or S corp), you’re going to need to know all about IRS Form 2553. Filing for the S corp status comes with various tax benefits for your business. The IRS has laid down the process of filing Form 2553 in detail on its website. The IRS has not laid down a particular date as the deadline to file the form.
Company
When dealing with Form 2553, it’s crucial to understand the various deadlines and effective dates that can impact your business’s tax standing. Timeliness is essential, as the different dates determine your eligibility for S corporation election and its related benefits. The form should be filed typically within two months and 15 days after the start of the tax year the election is to take effect. If you are a newly formed corporation, it’s crucial to file early in the year to maximize benefits.
Where to mail or fax Form 2553
- The corporation (entity) will also be notified if its election isn’t accepted.
- This section applies if your LLC has more than 100 members (also known as your S-Corporation having more than 100 shareholders).
- Discover why this information is crucial for your small business’s tax strategies and financial health.
When filing Form 2553, Irs Form 2553 Instructions it’s crucial to confirm that the corporation’s stock meets this requirement. While Form 2553 is specific to S-corp elections, Form 8832 is used by entities to choose their classification for federal tax purposes. Understanding each form’s distinct purposes and implications is crucial for making informed decisions. Additionally, S corporations must provide shareholders with Schedule K-1.