IRS · Official form

Form 2553, Election by a Small Business Corporation

Form 2553 is the S corporation election: it moves an eligible corporation or LLC from entity-level tax to pass-through treatment, with every shareholder signing on.

This is the genuine IRS PDF, unmodified. Source: IRS official page.

What is 2553?

Form 2553 elects S corporation status under section 1362. Income, losses, and credits then pass through to shareholders, and owner-employees split compensation between salary (payroll-taxed) and distributions (not), the arithmetic behind most S elections. Eligibility is strict: a domestic corporation, at most 100 shareholders, all of them individuals, certain trusts, or estates, no nonresident alien shareholders, and one class of stock.

Timing rules matter: file within two months and 15 days of the start of the tax year the election is to take effect, or any time in the preceding year. Late elections are frequently forgiven through the relief procedure built into the form.

Who files 2553?

  • Corporations choosing pass-through taxation
  • LLCs electing to be taxed as S corporations
  • Businesses making a late election with reasonable cause under Rev. Proc. 2013-30

How to fill out 2553

  1. Enter the entity’s name, EIN, incorporation details, and the effective date of the election.
  2. Choose your tax year in Part I and explain any non-calendar year in Part II.
  3. Have every shareholder sign the consent block with their shares and dates acquired.
  4. If filing late, state the reasonable cause on the lines provided.
  5. Download, have an officer sign, and fax or mail it to the IRS service center for your state.

Quick fill 2553 on this page

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Frequently asked questions

When does my election take effect if I file late?

By default the next tax year, but the built-in late election relief lets many businesses keep the intended date by showing reasonable cause and consistent filing.

How do I know it was accepted?

The IRS mails CP261, the acceptance notice, usually within about 60 days. Keep it; banks and states ask for proof of the election.