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IRS Form 2553: Election by a Small Business Corporation

Form 2553 is how a corporation or eligible entity elects to be taxed as an S corporation. All shareholders must consent on the form. Timing rules apply, and the IRS page and instructions explain when to file it and what to do if it was filed late.

What this form is for

It makes the S corporation election so income and losses pass through to shareholders, who report them on their own returns.

When people usually use it

Business owners file it after forming a corporation or LLC that wants S corporation tax treatment. It comes up again if the IRS writes about an election it did not accept.

What to have ready

Related forms

Read the IRS page

IRS.gov page for Form 2553 (opens in a new tab). The IRS page is the final word on this form.

Frequently asked questions

What is IRS Form 2553?

Form 2553 is how a corporation or eligible entity elects to be taxed as an S corporation. All shareholders must consent on the form. Timing rules apply, and the IRS page and instructions explain when to file it and what to do if it was filed late.

Where do I get Form 2553?

Use the official IRS page, https://www.irs.gov/forms-pubs/about-form-2553. Copies from other sites may be out of date, and the IRS page is the final word.

Do I need to file Form 2553?

There is no single answer. Check the IRS page for Form 2553 and any letter that asked about it. For advice on your case, talk with a tax professional.

What should I have ready for Form 2553?

Most people start with: the business ein and formation date; each shareholder's name, ownership and signature; the tax year the election should start. The instructions on IRS.gov list everything the form asks for.

If you have an IRS letter

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OweRight is not the IRS and does not give tax or legal advice.