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S-Corp Election: IRS Form 2553 Deadlines and Requirements

Considering S-Corp tax treatment? Here's a general overview of Form 2553, its deadlines, and eligibility rules.

What Form 2553 does

IRS Form 2553 is the form an eligible LLC or corporation files to elect to be taxed as an S-Corporation instead of its default tax treatment. It's filed with the IRS, not your state.

General eligibility requirements

To qualify, a business generally must be a domestic entity, have no more than 100 shareholders, have only eligible shareholders (generally individuals, not other corporations or partnerships), and have only one class of stock.

Deadline basics

Generally, Form 2553 needs to be filed within two months and 15 days of the start of the tax year the election is meant to take effect, though late-election relief is sometimes available for reasonable-cause situations. Deadlines and relief provisions can change, so confirm current rules.

What happens after you file

Once accepted, the business generally must run payroll for owner-employees performing services, pay a 'reasonable salary,' and follow additional filing requirements compared to default LLC taxation.

This is a filing that benefits from professional review

Because eligibility rules and deadlines are specific and the consequences of getting it wrong (like an invalid election) can be costly, most businesses have an accountant or tax professional prepare and review Form 2553 before filing.

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Frequently asked

Can I revoke an S-Corp election later?
Generally yes, though revocation has its own rules and timing requirements, and going back to default LLC taxation can affect the business in other ways.
Does every LLC qualify for S-Corp election?
No. Eligibility depends on factors like number and type of owners and having only one class of ownership interest. Confirm eligibility with a tax professional before filing.
General business-formation information for educational purposes only — not legal or tax advice, and no advisory relationship is created. Formation requirements and costs vary significantly by state and change over time; confirm details with the relevant state agency or a licensed professional.

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