2553

Election by a Small Business Corporation (Under Section 1362 of the Internal Revenue Code)

Agency
IRS
Revision
Rev. December 2017
Fillable fields
100
Pages
4
Official source
IRS form page
Checked
October 14, 2026
Fill 2553 online
Page 1 of form 2553

Form 2553: Election by a Small Business Corporation

A corporation, or an eligible entity that elects corporate treatment, files Form 2553 to elect S corporation status under section 1362(a). The IRS explains that S corporation income is generally taxed to the shareholders rather than to the corporation itself.

You file this form once, near the start of the tax year the election should apply to. The election stays in effect until it is terminated or revoked, and the instructions say re-electing generally needs IRS consent for any year before the fifth tax year after the termination or revocation.

The IRS usually responds within 60 days. An eligible entity that qualifies and files Form 2553 on time does not need to file Form 8832 separately. You can complete Form 2553 on this page, in your browser, with no account.

Page 1 of Form 2553 with the election title, Part I name, address, EIN and incorporation date, sample values

What's on Form 2553

Part I: election information

The corporation's name, address, EIN, the date the election takes effect and the tax year the election is made for.

Shareholder columns J to N

Each shareholder's name and address, shares owned and dates acquired, Social Security number or EIN, tax year end, and a signed consent in column K.

Part II: selection of a fiscal year

Used only when the tax year box in item F calls for it. It covers a natural business year, a business purpose request and section 444 elections.

Part III: QSST election

Used by the income beneficiary of a qualified subchapter S trust when the stock was transferred to the trust before the S election. It cannot be filed on its own.

Part IV: late entity classification

Representations that go with a late entity classification election made together with a late S election.

Signature

An authorized corporate officer signs and dates the form. The instructions say an unsigned form is not considered timely filed.

How to fill out Form 2553

  1. 1

    Name and EIN

    Enter the corporation's true legal name, using C/O if it applies. Item A asks for the EIN, or Applied For with the application date.

    Part I of Form 2553 with the corporation's legal name and EIN, or Applied For and the application date
  2. 2

    Item E: effective date

    For a corporation in its first year this is generally the earliest date it had shareholders, acquired assets or began doing business.

    Item E of Form 2553 with the election effective date, using the first date the company had shareholders or assets
  3. 3

    Item F: tax year

    Select the tax year the election covers. Boxes (2) and (4) require Part II to be completed.

    Item F of Form 2553 with the tax year box checked and Part II flagged when box 2 or 4 is chosen
  4. 4

    Shareholder consents

    List every shareholder who must consent in column J. For an election filed before the item E date, only current shareholders consent. For a later filing, everyone who held stock during the period must consent.

    Column J and K of Form 2553 with every consenting shareholder listed and signing, sample names
  5. 5

    Special consent cases

    Community property spouses, tenants in common, joint tenants, minors, estates and trusts each have their own consent rules in the instructions. Read them before you collect signatures.

    The shareholder consent statement column of Form 2553 that every shareholder, including spouses, minors, estates and trusts, signs
  6. 6

    Part II if required

    P1 asks about a natural business year and a 47-month gross receipts history. Q1 asks for a business purpose request, and Q2 for a back-up section 444 election.

    Items O and P of Form 2553 Part II with the new corporation box and the natural business year box checked
  7. 7

    Sign and date

    An authorized officer signs. Keep a copy that shows how and when you filed.

    The signature and date area of Form 2553 with an authorized officer signing and a copy kept

Why fill Form 2553 on indox

You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.

  • Fill the form right in your browser, no software to install
  • Free to fill and free to download, with no account
  • The official blank straight from the IRS, not a copy someone retyped
  • Works on a phone, tablet or computer

Deadlines, where to file and common mistakes

The deadline

File no more than 2 months and 15 days after the beginning of the tax year the election should take effect, or at any time during the preceding tax year. A calendar-year company switching from C to S status can file any time in its prior year or by March 15. A new company starting January 7 has until March 21.

Where to file

Send the original, not a photocopy, to the IRS service center for your region, or fax it. The instructions name Kansas City, Missouri for the eastern states and Ogden, Utah for the western states, and tell you to check IRS.gov for current addresses and fax numbers.

Proof of filing

Keep a timely postmarked certified mail receipt, a copy stamped accepted or received, or an IRS acceptance letter.

Following up

The IRS generally responds within 60 days. If you hear nothing in two months, or five months when box Q1 is checked, call 1-800-829-4933.

Late election relief

A corporation may qualify under Rev. Proc. 2013-30 if it shows reasonable cause, acted diligently once it found the problem, and files within 3 years and 75 days of the item E date. Write FILED PURSUANT TO REV. PROC. 2013-30 at the top of the first page.

Do not file Form 1120-S early

Do not file Form 1120-S for any year before the election takes effect. The instructions treat an unsigned form as not timely filed, so check the signature and every required consent before you send it.

Related forms

Who needs to fill out Form 2553?

  • Domestic corporations and eligible entities

    The entity must be a domestic corporation or a domestic entity that can be treated as a corporation, such as an LLC, and it must file on time.

  • Shareholder limits

    No more than 100 shareholders. A spouse and an individual count as one, and family members can be treated as one.

  • Allowed shareholder types

    Only individuals, estates, certain exempt organizations and certain trusts. Nonresident aliens cannot be shareholders, except as potential current beneficiaries of an electing small business trust.

  • One class of stock

    All shares must carry identical rights to distributions and liquidation proceeds.

  • Not an ineligible corporation

    Some banks using the reserve method, insurance companies taxed under subchapter L, and DISCs or former DISCs cannot elect.

  • A permitted tax year

    For example December 31, a natural business year, an ownership tax year, a section 444 year, or a year with an established business purpose.

The instructions list tests the business must meet before the election is valid.

Official sources and the blank

Do it all with indox

View all 123 tools

Questions about Form 2553

What is the deadline for Form 2553?

No more than 2 months and 15 days after the start of the tax year the election applies to, or any time in the preceding tax year.

Do all shareholders have to sign?

Each shareholder who must consent signs in column K. The instructions list who counts, and the answer depends on when you file.

Can an LLC file Form 2553?

Yes. A domestic entity that can be treated as a corporation may elect. A qualifying eligible entity that files Form 2553 on time does not need Form 8832.

What if I missed the deadline?

The instructions describe late election relief under Rev. Proc. 2013-30 for corporations that show reasonable cause. Otherwise a private letter ruling and user fee are generally needed.

How long does the IRS take to respond?

Generally within 60 days. Call 1-800-829-4933 if you have not heard back in the period the instructions give.

Can I switch back to a C corporation later?

The election continues until it is terminated or revoked. After that, re-electing S status generally needs IRS consent for years before the fifth tax year afterward.