Internal Revenue Service
Fill out Form 2553 online
Election by a Small Business Corporation
Form 2553 is the election a corporation, or another entity eligible to elect to be treated as a corporation, files with the IRS to become an S corporation under section 1362(a). An S corporation's income is generally taxed to its shareholders rather than to the corporation itself. An officer signs the form, and every shareholder who must consent signs the consent statement on page 2 or a separate consent statement.
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- Edition
- Rev. December 2017
- Pages
- 4
- Fillable fields
- 100
- Checked against the IRS
- November 8, 2026
GuruPDF is not affiliated with the Internal Revenue Service. This page explains the form in plain words; it is not legal or tax advice. Always check the official instructions before you file.
Who uses Form 2553
- Domestic corporations that want to be taxed as an S corporation
- Domestic LLCs and other entities eligible to elect to be treated as a corporation that want S corporation status
- Corporations asking for relief for a late S corporation election under Rev. Proc. 2013-30
- Shareholders, who sign the consent statement in column K
- Income beneficiaries of a qualified subchapter S trust (QSST) making the trust election in Part III
Before you start
- Check that the corporation meets every test under Who May Elect in the instructions, such as no more than 100 shareholders, only allowed types of shareholders and one class of stock
- The corporation's exact legal name as shown in its charter or other formation document, and its mailing address
- The employer identification number (EIN), the date incorporated and the state of incorporation
- The date the election should take effect and the tax year the corporation will use
- For each shareholder: name, address, SSN or EIN, shares or ownership percentage, dates acquired and the month and day their tax year ends
- If the election is late: an explanation of the reasonable cause and of the steps taken to correct the mistake once it was found
How to fill out Form 2553
Part I, name, address and items A to D
Enter the corporation's true name as stated in its charter or other legal document, and its address. Enter the EIN in item A, the date incorporated in item B and the state of incorporation in item C. Check a box in item D if the name or address changed after the corporation applied for its EIN. A corporation without an EIN must apply for one.
Part I, items E to H
In item E, enter the date the election is to take effect. For a first tax year in existence, the instructions say to use the earliest of the date the corporation first had shareholders, first had assets or began doing business. In item F, check the tax year: calendar year, fiscal year, or a 52-53-week year; if you check box (2) or (4), complete Part II. Check item G only if more than 100 shareholders are listed and treating family members as one shareholder brings the count to 100 or fewer. In item H, give the name, title and phone number of the officer or legal representative the IRS may call.
Part I, item I and the officer's signature
Complete item I only if the election is filed late: it is a declaration of reasonable cause, followed by your explanation of why the election was late and what was done to correct it. The explanation can also go on an attached statement. Then an authorized officer, such as the president, vice president, treasurer or another officer allowed to sign, signs, enters their title and dates page 1.
Part I continued on page 2, columns J to N (shareholders)
List the name and address of each shareholder or former shareholder who must consent (column J). Each one signs and dates the consent statement in column K, or a separate consent statement attached to the form. In column L, enter the number of shares or the percentage of ownership and the dates acquired; enter -0- for a former shareholder. Enter the SSN of each individual or the EIN of each estate, qualified trust or exempt organization in column M, and the month and day each shareholder's tax year ends in column N. Use more copies of page 2 if you need more rows.
Part II, selection of fiscal tax year
Complete Part II only if you checked box (2) or (4) in item F. Every corporation using this part completes item O (new, retaining or changing its tax year) and one of items P, Q or R. Item P covers automatic approval of a natural business year or an ownership tax year under Rev. Proc. 2006-46. Item Q is a request based on a business purpose, with an optional back-up section 444 election. Item R is a section 444 election, which also needs Form 8716.
Part III, QSST election
Use Part III only if a trust is to be a qualified subchapter S trust and the corporation's stock was transferred to it on or before the date of the S election. Enter the income beneficiary's and the trust's names, addresses and identification numbers and the transfer date, and the income beneficiary or their legal representative signs. If you make more than one QSST election, use more copies of page 4.
Part IV, late entity classification representations
Part IV applies only when a late entity classification election was meant to take effect on the same date as a late S corporation election. It lists the representations (lines 1 to 5b) that such a request must include. In item I, the officer declares that these representations are true.
After you fill it out
The election goes to the IRS service center for the state where the corporation's principal business, office or agency is located. The instructions say to send the original, not a photocopy, or to fax it; if you fax it, keep the original with the corporation's permanent records. Check the current mailing address and fax number on the IRS Where to File page for Form 2553. Certain late elections can instead be attached to Form 1120-S, as the instructions explain.
Signing: An authorized corporate officer must sign and date page 1, and each shareholder who must consent signs and dates column K or a separate consent statement; an unsigned Form 2553 is not considered timely filed. The instructions do not say whether an electronic signature is accepted, so follow the IRS instructions for the copy you mail or fax.
Watch out for
- If Form 2553 is not signed by an authorized officer, the IRS does not consider it timely filed.
- Do not file Form 1120-S for any tax year before the election takes effect. Keep filing Form 1120 or the other return you are required to file until then.
- Part III cannot be filed on its own. Use it only together with the election in Part I.
- Checking box Q1 means a user fee will be charged. Do not send the fee with Form 2553; the IRS will tell the corporation when it is due.
Questions about Form 2553
When must Form 2553 be filed?
No more than 2 months and 15 days after the beginning of the tax year the election is to take effect, or at any time during the tax year before it. A new corporation with no prior tax year cannot make the election before its first tax year begins.
What if the corporation missed the deadline?
Relief for a late election may be available under Rev. Proc. 2013-30 if the corporation meets the requirements in the instructions, including reasonable cause. The explanation goes on line I or an attached statement, and the top margin of page 1 must say "FILED PURSUANT TO REV. PROC. 2013-30." If the requirements are not met, the corporation generally must request a private letter ruling.
Does an LLC also need to file Form 8832?
An entity eligible to elect to be treated as a corporation that meets the tests in the instructions is treated as a corporation from the effective date of its S election and does not need to file Form 8832.
How will we know if the election was accepted?
The IRS service center notifies the corporation whether its election is accepted and, if so, when it takes effect. If box Q1 is checked, the corporation also receives a ruling letter that approves or denies the requested tax year. The instructions explain what to do if no notice arrives.
How long does the S election last?
It stays in effect until it is terminated or revoked. To revoke it, the corporation sends a statement of revocation to the service center where it files its annual return, with the consent of shareholders who own more than half of the issued and outstanding shares. After a termination or revocation, IRS consent is generally needed to elect again before the 5th tax year after it took effect.
Official information
- About Form 2553 (IRS)
- Instructions for Form 2553
- Where to file Form 2553
- Revoking a Subchapter S election
Page text last reviewed November 7, 2026.