Preview the IRS form
Form 2553 is the election under section 1362(a). Keep the signed election, evidence of delivery and the IRS determination. Open IRS Form 2553.
Choose your situation
Timely federal election
For a first tax year, check when operations, ownership or assets began. An existing corporation may also elect during its preceding tax year.
Eligible LLC electing S status
A qualifying eligible entity that timely elects S status is generally treated as a corporation from that effective date. A separate Form 8832 is unnecessary for this election.
Late S election or simultaneous late classification
Review Revenue Procedure 2013-30 before completing the form. Intent, reasonable cause, diligence, consistent reporting and timing matter. Simultaneous corporate classification has additional requirements.
Existing C corporation electing S status
Determine eligibility, first S year and required consents. Review any corporate-level built-in gains or passive-income taxes separately.
Shareholder consent or special tax year
Review column K for current and applicable former owners, joint or community ownership, and the proper trust or estate signer. Part II covers specified fiscal years and Part III covers a QSST election when applicable.
New York separate election (CT-6)
For an eligible federal S corporation subject to New York requirements, check the separate shareholder consents, filing period and mandatory-election exception. New York City has separate corporate taxes.
Check eligibility
Review the domestic entity requirement, the shareholder limit and family counting rules, who can own the stock, and whether there is one economic class of stock. Voting rights may differ. Certain financial institutions, insurers and other entities are excluded. Trust owners can require a separate election and a different signer. Review each condition before signing.
Start date and filing window
For a first year, establish when the entity first had shareholders, acquired assets or began business. An election before its first tax year begins is premature. Ordinarily file within two months and 15 days of the start of the tax year, or during the preceding tax year if the entity had one. Count calendar months and then days. For a January 1, 2026 start, the ordinary deadline fell on Monday, March 16. IRS 2026 calendar.
For late relief, document the delay, steps taken after discovery and the return positions of the entity and shareholders. The usual relief period is three years and 75 days. A narrow exception for certain corporations with timely returns and no timely IRS notice has additional conditions. That exception does not cover an LLC also seeking late corporate classification. See the IRS revenue procedure.
Whose consent is needed
For an election filed before its effective date, obtain consent from shareholders on the filing date. For an election filed on or after the effective date, include everyone who held stock during the interval through filing. A spouse with a community interest in the stock or its income must consent. Joint owners and certain trusts, estates or minors have their own signing rules. A marriage or a mailing address alone does not establish ownership.
Use the IRS filing directory for the principal business, office or agency. Keep proof of submission.
State and city treatment
California generally recognizes a federal S election for entities with a California filing requirement. State return and tax obligations still apply. California Form 100S instructions.
New York generally requires its own election. An eligible corporation with investment income exceeding half its federal gross income may instead be deemed to have elected. New York City has no S election and separately taxes covered activities. New York election rules · City corporation tax.
For privilege periods beginning on or after December 22, 2022, New Jersey generally recognizes federal S status. Registration, supporting records and shareholder information are still required. Opting out requires unanimous shareholder consent. Earlier privilege periods have different procedures. Check each place where the corporation operates, even if it was incorporated elsewhere. New Jersey procedures.