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The IRS 2553 form is a crucial document for small business owners looking to elect S corporation status for their entity. This election allows a corporation to pass corporate income, losses, deductions, and credits directly to shareholders, thus avoiding double taxation at the corporate level. To qualify, businesses must meet specific criteria, including having a limited number of shareholders and being a domestic corporation. Completing the form requires careful attention to detail, as incorrect information can lead to delays or rejection of the election. Additionally, the timing of submission is critical; businesses must file the form within a certain period after formation or by the 15th day of the third month of the tax year in which the election is to take effect. Understanding the implications of this election, as well as the filing requirements, is essential for maximizing tax benefits and ensuring compliance with IRS regulations.

IRS 2553 Preview

Note: Form 2553 begins on the next page.

Where To File Form 2553 after 6/17/19

If the corporation’s principal business, office,

Use the following address

or agency is located in

or fax number

 

 

Connecticut, Delaware, District of Columbia,

Department of the Treasury

Georgia, Illinois, Indiana, Kentucky, Maine,

Internal Revenue Service

Maryland, Massachusetts, Michigan, New

Kansas City, MO 64999

Hampshire, New Jersey, New York, North Carolina,

 

Ohio, Pennsylvania, Rhode Island, South Carolina,

 

Tennessee, Vermont, Virginia, West Virginia,

Fax # 855-887-7734

Wisconsin

 

 

 

Alabama, Alaska, Arizona, Arkansas, California,

Department of the Treasury

Colorado, Florida, Hawaii, Idaho, Iowa, Kansas,

Internal Revenue Service

Louisiana, Minnesota, Mississippi, Missouri,

Ogden, UT 84201

Montana, Nebraska, Nevada, New Mexico, North

 

Dakota, Oklahoma, Oregon, South Dakota, Texas,

 

Utah, Washington, Wyoming

Fax # 855-214-7520

 

 

Form 2553

(Rev. December 2017)

Department of the Treasury Internal Revenue Service

Election by a Small Business Corporation

(Under section 1362 of the Internal Revenue Code)

(Including a late election filed pursuant to Rev. Proc. 2013-30)

You can fax this form to the IRS. See separate instructions.

Go to www.irs.gov/Form2553 for instructions and the latest information.

OMB No. 1545-0123

Note: This election to be an S corporation can be accepted only if all the tests are met under Who May Elect in the instructions, all shareholders have signed the consent statement, an officer has signed below, and the exact name and address of the corporation (entity) and other required form information have been provided.

Part I

 

Election Information

 

 

 

 

 

 

Name (see instructions)

A Employer identification number

Type

 

 

 

 

 

 

Number, street, and room or suite no. If a P.O. box, see instructions.

B Date incorporated

 

or

 

 

 

 

 

 

 

 

 

Print

 

 

 

 

 

 

City or town, state or province, country, and ZIP or foreign postal code

C State of incorporation

 

 

 

 

 

 

 

 

 

 

 

D

Check

the applicable box(es) if the corporation (entity), after applying for the EIN shown in A above, changed its

name or

address

EElection is to be effective for tax year beginning (month, day, year) (see instructions) . . . . . .

Caution: A corporation (entity) making the election for its first tax year in existence will usually enter the beginning date of a short tax year that begins on a date other than January 1.

FSelected tax year:

(1) Calendar year

(2) Fiscal year ending (month and day)

(3) 52-53-week year ending with reference to the month of December

(4) 52-53-week year ending with reference to the month of

If box (2) or (4) is checked, complete Part II.

GIf more than 100 shareholders are listed for item J (see page 2), check this box if treating members of a family as one shareholder results in no more than 100 shareholders (see test 2 under Who May Elect in the instructions)

HName and title of officer or legal representative whom the IRS may call for more information

Telephone number of officer or legal representative

IIf this S corporation election is being filed late, I declare I had reasonable cause for not filing Form 2553 timely. If this late election is being made by an entity eligible to elect to be treated as a corporation, I declare I also had reasonable cause for not filing an entity classification election timely and the representations listed in Part IV are true. See below for my explanation of the reasons the election or elections were not made on time and a description of my diligent actions to correct the mistake upon its discovery. See instructions.

 

Under penalties of perjury, I declare that I have examined this election, including accompanying documents, and, to the best of my

Sign knowledge and belief, the election contains all the relevant facts relating to the election, and such facts are true, correct, and complete.

Here

Signature of officer

 

 

 

Title

Date

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 18629R

Form 2553 (Rev. 12-2017)

Form 2553 (Rev. 12-2017)

Page 2

Name

Employer identification number

Part I Election Information (continued) Note: If you need more rows, use additional copies of page 2.

J

Name and address of each

shareholder or former shareholder required to consent to the election.

(see instructions)

K

Shareholder’s Consent Statement

Under penalties of perjury, I declare that I consent to the election of the above-named corporation (entity) to be an S corporation under section 1362(a) and that I have examined this consent statement, including accompanying documents, and, to the best of my knowledge and belief, the election contains all the relevant facts relating to the election, and such facts are true, correct, and complete. I understand my consent is binding and may not be withdrawn after the corporation (entity) has made a valid election. If seeking relief for a late filed election, I also declare under penalties of perjury that I have reported my income on all affected returns consistent with the S corporation election for the year for which the election should have been filed (see beginning date entered on line E) and for all subsequent years.

Signature

Date

L

Stock owned or

percentage of ownership

(see instructions)

Number of

 

shares or

 

percentage

Date(s)

of ownership

acquired

M

 

Social security

 

number or

N

employer

Shareholder’s

identification

tax year ends

number (see

(month and

instructions)

day)

Form 2553 (Rev. 12-2017)

Form 2553 (Rev. 12-2017)

Page 3

Name

 

Employer identification number

 

 

Part II

Selection of Fiscal Tax Year (see instructions)

 

Note: All corporations using this part must complete item O and item P, Q, or R.

 

O Check the applicable box to indicate whether the corporation is:

 

1.

A new corporation adopting the tax year entered in item F, Part I.

 

2.

An existing corporation retaining the tax year entered in item F, Part I.

 

3.

An existing corporation changing to the tax year entered in item F, Part I.

 

PComplete item P if the corporation is using the automatic approval provisions of Rev. Proc. 2006-46, 2006-45 I.R.B. 859, to request (1) a natural business year (as defined in section 5.07 of Rev. Proc. 2006-46) or (2) a year that satisfies the ownership tax year test (as defined in section 5.08 of Rev. Proc. 2006-46). Check the applicable box below to indicate the representation statement the corporation is making.

1. Natural Business Year

I represent that the corporation is adopting, retaining, or changing to a tax year that qualifies

as its natural business year (as defined in section 5.07 of Rev. Proc. 2006-46) and has attached a statement showing separately for each month the gross receipts for the most recent 47 months. See instructions. I also represent that the corporation is not precluded by section 4.02 of Rev. Proc. 2006-46 from obtaining automatic approval of such adoption, retention, or change in tax year.

2. Ownership Tax Year

I represent that shareholders (as described in section 5.08 of Rev. Proc. 2006-46) holding more

than half of the shares of the stock (as of the first day of the tax year to which the request relates) of the corporation have the same tax year or are concurrently changing to the tax year that the corporation adopts, retains, or changes to per item F, Part I, and that such tax year satisfies the requirement of section 4.01(3) of Rev. Proc. 2006-46. I also represent that the corporation is not precluded by section 4.02 of Rev. Proc. 2006-46 from obtaining automatic approval of such adoption, retention, or change in tax year.

Note: If you do not use item P and the corporation wants a fiscal tax year, complete either item Q or R below. Item Q is used to request a fiscal tax year based on a business purpose and to make a back-up section 444 election. Item R is used to make a regular section 444 election.

QBusiness Purpose—To request a fiscal tax year based on a business purpose, check box Q1. See instructions for details including payment of a user fee. You may also check box Q2 and/or box Q3.

1. Check here if the fiscal year entered in item F, Part I, is requested under the prior approval provisions of Rev. Proc. 2002-39, 2002-22 I.R.B. 1046. Attach to Form 2553 a statement describing the relevant facts and circumstances and, if applicable, the gross receipts from sales and services necessary to establish a business purpose. See the instructions for details regarding the gross receipts from sales and services. If the IRS proposes to disapprove the requested fiscal year, do you want a conference with the IRS National Office?

Yes

No

2.Check here to show that the corporation intends to make a back-up section 444 election in the event the corporation’s business purpose request is not approved by the IRS. See instructions for more information.

3.Check here to show that the corporation agrees to adopt or change to a tax year ending December 31 if necessary for the IRS to accept this election for S corporation status in the event (1) the corporation’s business purpose request is not approved and the corporation makes a back-up section 444 election, but is ultimately not qualified to make a section 444 election, or (2) the corporation’s business purpose request is not approved and the corporation did not make a back-up section 444 election.

RSection 444 Election—To make a section 444 election, check box R1. You may also check box R2.

1.Check here to show that the corporation will make, if qualified, a section 444 election to have the fiscal tax year shown in item F, Part I. To make the election, you must complete Form 8716, Election To Have a Tax Year Other Than a Required Tax Year, and either attach it to Form 2553 or file it separately.

2.Check here to show that the corporation agrees to adopt or change to a tax year ending December 31 if necessary for the IRS to accept this election for S corporation status in the event the corporation is ultimately not qualified to make a section 444 election.

Form 2553 (Rev. 12-2017)

Form 2553 (Rev. 12-2017)

Page 4

Name

Employer identification number

Part III Qualified Subchapter S Trust (QSST) Election Under Section 1361(d)(2)* Note: If you are making more than

one QSST election, use additional copies of page 4.

Income beneficiary’s name and address

Social security number

Trust’s name and address

Employer identification number

Date on which stock of the corporation was transferred to the trust (month, day, year) . . . . . . . .

In order for the trust named above to be a QSST and thus a qualifying shareholder of the S corporation for which this Form 2553 is filed, I hereby make the election under section 1361(d)(2). Under penalties of perjury, I certify that the trust meets the definitional requirements of section 1361(d)(3) and that all other information provided in Part III is true, correct, and complete.

Signature of income beneficiary or signature and title of legal representative or other qualified person making the election

 

Date

*Use Part III to make the QSST election only if stock of the corporation has been transferred to the trust on or before the date on which the corporation makes its election to be an S corporation. The QSST election must be made and filed separately if stock of the corporation is transferred to the trust after the date on which the corporation makes the S election.

Part IV Late Corporate Classification Election Representations (see instructions)

If a late entity classification election was intended to be effective on the same date that the S corporation election was intended to be effective, relief for a late S corporation election must also include the following representations.

1The requesting entity is an eligible entity as defined in Regulations section 301.7701-3(a);

2The requesting entity intended to be classified as a corporation as of the effective date of the S corporation status;

3The requesting entity fails to qualify as a corporation solely because Form 8832, Entity Classification Election, was not timely filed under Regulations section 301.7701-3(c)(1)(i), or Form 8832 was not deemed to have been filed under Regulations section 301.7701-3(c)(1)(v)(C);

4The requesting entity fails to qualify as an S corporation on the effective date of the S corporation status solely because the S corporation election was not timely filed pursuant to section 1362(b); and

5a The requesting entity timely filed all required federal tax returns and information returns consistent with its requested classification as an S corporation for all of the years the entity intended to be an S corporation and no inconsistent tax or information returns have been filed by or with respect to the entity during any of the tax years, or

bThe requesting entity has not filed a federal tax or information return for the first year in which the election was intended to be effective because the due date has not passed for that year’s federal tax or information return.

Form 2553 (Rev. 12-2017)

Common mistakes

  1. Incorrect Entity Type: Many people mistakenly indicate the wrong type of entity. Ensure you are filing as an S corporation and not as a different entity type.

  2. Missing Signatures: Failing to sign the form can lead to delays. All required parties must sign the document before submission.

  3. Incorrect Dates: Entering the wrong effective date can cause issues. Double-check that the date aligns with your intended S corporation status.

  4. Not Meeting the Deadline: The form must be filed on time. Missing the deadline can result in losing S corporation status for the tax year.

  5. Incomplete Information: Providing incomplete information can lead to rejection. Ensure all sections are filled out accurately and thoroughly.

  6. Improper Election Method: Using the wrong method to elect S corporation status can cause complications. Make sure to follow the IRS guidelines for your specific situation.

  7. Failure to Notify All Shareholders: All shareholders must be informed of the election. Neglecting this step can lead to disputes later on.

  8. Not Keeping Copies: Failing to keep a copy of the submitted form can create problems. Always retain a copy for your records.

  9. Ignoring IRS Instructions: Skipping over the IRS instructions can result in mistakes. Always read the instructions carefully before completing the form.

Dos and Don'ts

Filling out the IRS Form 2553 can be a crucial step for a business that wants to elect S corporation status. Here are some important dos and don'ts to keep in mind while completing the form.

  • Do ensure that you meet the eligibility requirements for S corporation status.
  • Do provide accurate and complete information about your business, including its name and address.
  • Do file the form on time, typically within two months and 15 days after the beginning of the tax year.
  • Do obtain the consent of all shareholders, as their agreement is necessary for the election.
  • Do keep a copy of the completed form for your records.
  • Don't forget to sign and date the form, as an unsigned form will be considered incomplete.
  • Don't provide incorrect or outdated information, as this can lead to delays or rejections.
  • Don't ignore the instructions provided by the IRS, as they contain important details about the filing process.
  • Don't assume that filing Form 2553 is the only step needed; ensure you comply with other IRS requirements as well.
  • Don't hesitate to seek professional assistance if you have questions or uncertainties about the form.

Misconceptions

The IRS Form 2553 is an important document for small businesses electing to be taxed as an S corporation. However, several misconceptions surround this form. Here are ten common misunderstandings:

  1. It’s only for new businesses. Many believe Form 2553 is only for startups. In reality, existing businesses can also elect S corporation status by filing this form.
  2. Filing is only necessary once. Some think that once they file Form 2553, they never have to file it again. However, if the business changes ownership or structure, a new form may be required.
  3. All businesses can use it. Not every business qualifies for S corporation status. Only certain types of corporations can file Form 2553.
  4. It guarantees tax savings. While S corporations often enjoy tax benefits, filing Form 2553 does not automatically ensure tax savings for every business.
  5. There’s no deadline for filing. Many believe they can file Form 2553 at any time. In fact, there are specific deadlines, typically within 75 days of starting the business or the beginning of the tax year.
  6. It’s a complicated form. Some people feel intimidated by Form 2553. In truth, it’s relatively straightforward and can often be completed without professional help.
  7. Once filed, the decision is permanent. There’s a misconception that electing S corporation status is irreversible. In fact, businesses can revoke their election if necessary.
  8. Only one shareholder can file. Some believe that only one person can file Form 2553. However, multiple shareholders can elect S corporation status together.
  9. All income is tax-free. There’s a common belief that S corporations do not pay taxes. While they avoid double taxation, they still must pay certain taxes on specific income.
  10. It’s the same as a sole proprietorship. Many think that filing Form 2553 makes their business a sole proprietorship. In reality, it creates a distinct legal entity with different tax implications.

Understanding these misconceptions can help business owners make informed decisions about their tax status and how to best utilize the IRS Form 2553.

Detailed Guide for Using IRS 2553

Filling out the IRS Form 2553 is an important step for small businesses that want to elect S corporation status. After completing the form, you will submit it to the IRS for approval. This process can help you optimize your tax situation, so it's essential to ensure accuracy.

  1. Download the IRS Form 2553 from the official IRS website.
  2. Provide the name of your corporation as it appears on your articles of incorporation.
  3. Enter the corporation's Employer Identification Number (EIN) if you have one. If not, leave this blank.
  4. Indicate the date of incorporation and the state where you incorporated.
  5. Fill in the total number of shareholders and their names and addresses.
  6. List the percentage of stock owned by each shareholder.
  7. Choose the tax year you want to use, typically the calendar year.
  8. Sign and date the form. Make sure the person signing is authorized.
  9. Mail the completed form to the appropriate IRS address, based on your state.