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If you want to make the S corporation election, you need to file IRS Form 2553, Election by a Small Business Corporation. If you file Form 2553, you do not need to file Form 8832, Entity Classification Election, as you would for a C corporation. You can file your Form 2553 with the IRS online, by fax, or by mail.
How to Elect S Corporation Tax Status. In the same way, as a corporation elects S corporation status, an LLC elects S corporation status by filing IRS Form 2553 with the IRS. The election must be made no more than two months and 15 days after the beginning of the tax year when the election is to go into effect.
Qualifications to Elect S Corporation Status It must be a domestic (U.S.) corporation, with no foreign investors. It must have no more than 100 shareholders. It has only one class of stock. Furthermore, it must use a December 31 year-end.
Enter the first day of the tax year for which you wish the S corporation election to be effective in Line E. The election must begin on the first day of the business tax year. You cannot elect a change in tax filing status mid-year.
Existing LCS and C Corporations with a tax year that began on January 1 have until March 15, 2020, to file IRS Form 2553 (Election by a Small Business Corporation) to request S Corporation status for the tax year.
For tax purposes, by default, an LLC with one member is disregarded as an entity. Or, in other words, is treated as a sole proprietorship. 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.
S corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. S corporations are responsible for tax on certain built-in gains and passive income at the entity level.
One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners' personal assets are shielded from the claims of business creditors whether the claims arise from contracts or litigation.
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