A corporation or LLC must file an S-Corp election within two months and 15 days (~75 days total) of the date of formation for the election to take effect in the first tax year. Example: Your articles of formation was filed on August 21st. Two months later is counted to the numerically corresponding day of October 21st.
Does IRS form 2553 need to be filed every year?
No prior tax year. To be an S corporation beginning with its first tax year, the corporation must file Form 2553 during the period that begins January 7 and ends March 21. Because the corporation had no prior tax year, an election made before January 7 won’t be valid.
When to file a 2553?
IRS Form 2553 is an election to have your business entity recognized as an S corporation for tax purposes. The form should be filed before the 16th day of the third month of the corporation’s tax year, or before the 15th day of the second month of a tax year if the tax year is 2½ months or less.
Does it cost to file form 2553?
There is no fee to file Form 2553. However, special conditions may dictate a fee. For example, some businesses may be charged for using a non-traditional tax year.
What do I need to know about Form 2553?
A corporation or other entity eligible to be treated as a corporation files this form to make an election under section 1362(a) to be an S corporation. A corporation or other entity eligible to be treated as a corporation files this form to make an election under section 1362(a) to be an S corporation. Current Revision Form 2553 (PDF)
Can a LLC elect an S corporation on IRS Form 2553?
However, IRS Form 2553 allows LLCs and Corporations to elect “S” corporation status. The S corporation election is a tax designation granted through the Internal Revenue Code (IRC Section 1362 (a) that may reduce the owner’s taxable income.
When to file Form 2553 for short tax year?
The 2-month period ends January 7 and 15 days after that is January 22. To be an S corporation beginning with its short tax year, the corporation must file Form 2553 during the period that begins November 8 and ends January 22. Because the corporation had no prior tax year, an election made before November 8 won’t be valid.
How to file an S corporation tax return?
For details, see Tax and Payments in the Instructions for Form 1120-S, U.S. Income Tax Return for an S Corporation. A corporation or other entity eligible to elect to be treated as a corporation may elect to be an S corporation only if it meets all the following tests.
