Form 2553

Form 2553 Election by a Small Business Corporation

By RepeatForm team

Form 2553 is the form a corporation, or an entity eligible to be treated as one, uses to elect S corporation status under the IRS instructions. If you are preparing another election with the same entity and shareholder details, upload one you completed and a blank one. You review, collect signatures yourself, and preview free.

Tested with the irs.gov edition dated Rev. December 2017

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What Form 2553 is

irs.gov says a corporation, or another entity eligible to be treated as a corporation, files this form to make an election under section 1362(a) to be an S corporation. The IRS instructions say that an entity eligible to elect to be treated as a corporation that meets certain tests is treated as a corporation as of the effective date of the S election and does not need to file Form 8832. RepeatForm cannot tell you whether you should elect or whether you qualify.

Who may elect and when

The IRS instructions list the tests an entity must meet to elect, including that it is a domestic corporation or a domestic entity eligible to elect to be treated as one, and that it has no more than 100 shareholders. Read the full list in the instructions under Who May Elect. For timing, the instructions say to file no more than 2 months and 15 days after the beginning of the tax year the election is to take effect, or at any time during the tax year before it is to take effect. They give worked examples.

Late elections

The form's title line says it includes a late election filed under Rev. Proc. 2013-30, and the instructions have a section called Relief for Late Elections. Item I on the form is where a late filer states the reasonable cause for filing late. Whether relief fits your situation is a question for the IRS instructions or a qualified adviser, not this page.

Download the current form

The IRS PDF is marked "Form 2553 (Rev. December 2017)". The About Form 2553 page on irs.gov links the current form and its instructions. RepeatForm does not supply the blank form: get it from irs.gov.

Who signs and where it goes

The form says an officer must sign, and that all shareholders must have signed the consent statement for the election to be accepted. The instructions say an authorized officer such as the president, vice president, treasurer, assistant treasurer or chief accounting officer signs and dates it, and that if the form is not signed it will not be considered timely filed. On sending it, the instructions say generally to send the original election (no photocopies) or fax it to the IRS Service Center listed for your state, and to keep the original with the entity's records if you fax it. RepeatForm sends nothing anywhere.

Going through the form

Part I covers the entity's name and address, its EIN, date and state of incorporation, the effective date and selected tax year. Items J to N list each shareholder with their consent and details. Part II is for a selected tax year other than a calendar year and later parts cover other elections as described in the instructions. RepeatForm does not choose any answer: read the instructions for each item.

Using the same details on a new copy

Upload a Form 2553 you completed and a blank one; RepeatForm carries the matching answers across; you review them, then preview the PDF free.

What carries over

  • ✓Entity name, address, EIN, date and state of incorporation, where they match in both copies
  • ✓Officer name, title and phone number, and shareholder names and addresses that match in both copies. Check each one; owners and dates change
  • ✓Anything else that matches in both copies. Check the effective date and tax year yourself, because they are different each time

What never carries over

  • ✓The officer's signature and date, and each shareholder's consent signature. They stay blank for the right people to sign. The shareholders' consent dates can carry from your completed copy, so check each one and replace it.
  • ✓Anything the IRS prints and locks on the form.
  • ✓Anything in your completed copy that does not appear in the blank form.
  • ✓The right dates. The effective date and the selected tax year decide the filing window, so enter them again yourself.

If the IRS has a new revision

The IRS updates forms from time to time. Carrying an older copy into the current revision works for many answers, but some fields are renamed or moved and match only partly, so check every field after a new revision.

A new business usually gets its EIN with Form SS-4, and the 2553 asks for that number in item A.

For a California LLC, the state Statement of Information is Form LLC-12.

Get the current form from irs.gov

How it works

Move matching answers into the new form, then check the PDF.

Upload the two versions, check what matched, then inspect the finished PDF before paying.

Upload two PDFs

Start with a completed Form 2553 and a blank one.

Check matching answers

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Preview the result

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Good to know

  • ✓You review every carried-over answer. RepeatForm does not guarantee the form is correct and cannot promise the IRS will accept it.
  • ✓RepeatForm does not give tax or legal advice. It cannot tell you whether to elect, whether you qualify, or whether a late election fits. Use the IRS instructions or a qualified adviser.
  • ✓RepeatForm does not send your election to the IRS.
  • ✓It works with digital, text-selectable PDFs only. Scans, photos and handwriting are not supported.
  • ✓Same or recent revisions work best. If the form changed you may get fewer matches, so check the preview carefully and get the current form from irs.gov.

Not sure whether your form is supported? See the list on supported PDFs.

Want to know how reuse works with any PDF form? Read how to copy PDF form fields.

FAQ

FAQ

What is Form 2553 used for?+

According to irs.gov, a corporation or other entity eligible to be treated as a corporation files it to make an election under section 1362(a) to be an S corporation.

When do I have to file Form 2553?+

The IRS instructions say to file no more than 2 months and 15 days after the beginning of the tax year the election is to take effect, or at any time during the tax year before it. They give examples; read them for your dates.

Who has to sign Form 2553?+

An authorized corporate officer signs and dates it, and every shareholder required to consent signs the consent statement. The instructions say that if the form is not signed it will not be considered timely filed.

Where do I send Form 2553?+

The instructions say generally to send the original election, without photocopies, or fax it, to the IRS Service Center for your state. The address and fax number are in the instructions, under Where To File.

How long until I hear back?+

The instructions say the entity should generally receive a determination within 60 days after filing, and that if it hears nothing within 2 months of the filing date, it should take follow-up action by calling the IRS number in the instructions. A longer period applies if box Q1 is checked.

Can I make a late election?+

The form includes a late election filed under Rev. Proc. 2013-30, and the instructions have a section on Relief for Late Elections. Read it, or ask a qualified adviser, to see if it fits.

Does the election expire?+

The instructions say that once the election is made, it stays in effect until it is terminated or revoked.

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