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Can an LLC File 2553?

Writer Joseph Russell

If so, the LLC will be taxed under Subchapter C of the Code. And, once it has elected to be taxed as a corporation, an LLC can file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.

What is the 2553 form for LLC?

Form 2553 LLC refers to the IRS form used by LLCs to elect to be considered an S corporation for tax purposes.

How do I convert my LLC to an S corp?

You can change your limited liability company (LLC) to an S corporation (S corp) by filing Form 2553 with the Internal Revenue Service (IRS)….IRS Form 2553 Instructions

  1. Check S Corp Eligibility.
  2. Check Form 2553 Due Dates.
  3. Complete and File Form 2553.

Can a LLC elect an S corporation on IRS Form 2553?

However, IRS Form 2553 allows LLCs and Corporations to elect “S” corporation status. The S corporation election is a tax designation granted through the Internal Revenue Code (IRC Section 1362 (a) that may reduce the owner’s taxable income.

Do you have to file IRS Form 2553?

Only a corporation or LLC can elect S-corp status with the IRS by filing Form 2553. There are a few requirements to qualify for the S-corp election: The entity was formed in the U.S. Owners may be individuals, certain trusts, and estates. Partnerships, corporations, or non-resident alien shareholders are not eligible.

When does a LLC elect to be taxed as a corporation?

The entity normally files the election to be taxed as a corporation on Form 8832, Entity Classification Election , in accordance with Regs. Sec. 301.7701-3(c). However, if an LLC that is eligible to elect S status timely files an S election (Form 2553), the entity is considered to have elected to be taxed as a corporation (Regs.

How to elect s status by an LLC?

However, the owners want X to be classified as an S corporation. The S election is made by filing Form 2553 rather than Form 8832. By properly filing a valid Form 2553, the entity elects S status and is deemed to have elected to be classified as an association taxable as a corporation.