• Form 2553 (Rev. December 2017) Department of the Treasury Internal Revenue Service

  • Election by a Small Business Corporation(Under section 1362 of the Internal Revenue Code)(Including a late election filed pursuant to Rev. Proc. 2013-30)â–¶ Go to www.irs.gov/Form2553 for instructions and the latest information.

  • OMB No. 1545-0123
  • Note: This election to be an S corporation can be accepted only if all the tests are met under Who May Elect in the instructions, all shareholders have signed the consent statement, an officer has signed below, and the exact name and address of the corporation (entity) and other required form information have been provided.
  • Part I Election Information

  • B Date incorporated
     - -
    2 digit month, 2 digit day, 4 digit year
  • D Check the applicable box(es) if the corporation (entity), after applying for the EIN shown in A above, changed its
  • E Election is to be effective for tax year beginning (month, day, year) (see instructions)
     - -
    2 digit month, 2 digit day, 4 digit year
  • Caution: A corporation (entity) making the election for its first tax year in existence will usually enter the beginning date of a short tax year that begins on a date other than January 1.
  • F Selected tax year:
  • Format: (000) 000-0000.
  • Under penalties of perjury, I declare that I have examined this election, including accompanying documents, and, to the best of my knowledge and belief, the election contains all the relevant facts relating to the election, and such facts are true, correct, and complete.
  • Clear
  • Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • Part I Election Information (continued) Note: If you need more rows, use additional copies of page 2.

  • Rows
  • Part II Selection of Fiscal Tax Year (see instructions)

  • O Check the applicable box to indicate whether the corporation is:
  • P Complete item P if the corporation is using the automatic approval provisions of Rev. Proc. 2006-46, 2006-45 I.R.B. 859, to request (1) a natural business year (as defined in section 5.07 of Rev. Proc. 2006-46) or (2) a year that satisfies the ownership tax year test (as defined in section 5.08 of Rev. Proc. 2006-46). Check the applicable box below to indicate the representation statement the corporation is making.
  • Note: If you do not use item P and the corporation wants a fiscal tax year, complete either item Q or R below. Item Q is used to request a fiscal tax year based on a business purpose and to make a back-up section 444 election. Item R is used to make a regular section 444 election.
  • If the IRS proposes to disapprove the requested fiscal year, do you want a conference with the IRS National Office?
  • R Section 444 Election—To make a section 444 election, check box R1. You may also check box R2

  • Part III Qualified Subchapter S Trust (QSST) Election Under Section 1361(d)(2)* Note: If you are making more than one QSST election, use additional copies of page 4.

  • Date on which stock of the corporation was transferred to the trust (month, day, year)
     - -
    2 digit month, 2 digit day, 4 digit year
  • In order for the trust named above to be a QSST and thus a qualifying shareholder of the S corporation for which this Form 2553 is filed, I hereby make the election under section 1361(d)(2). Under penalties of perjury, I certify that the trust meets the definitional requirements of section 1361(d)(3) and that all other information provided in Part III is true, correct, and complete.
  • Clear
  • Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • *Use Part III to make the QSST election only if stock of the corporation has been transferred to the trust on or before the date on which the corporation makes its election to be an S corporation. The QSST election must be made and filed separately if stock of the corporation is transferred to the trust after the date on which the corporation makes the S election.
  • Part IV Late Corporate Classification Election Representations (see instructions)

  • If a late entity classification election was intended to be effective on the same date that the S corporation election was intended to be effective, relief for a late S corporation election must also include the following representations.
    1. The requesting entity is an eligible entity as defined in Regulations section 301.7701-3(a);
    2. The requesting entity intended to be classified as a corporation as of the effective date of the S corporation status;
    3. The requesting entity fails to qualify as a corporation solely because Form 8832, Entity Classification Election, was not timely filed under Regulations section 301.7701-3(c)(1)(i), or Form 8832 was not deemed to have been filed under Regulations section 301.7701-3(c)(1)(v)(C);
    4. The requesting entity fails to qualify as an S corporation on the effective date of the S corporation status solely because the S corporation election was not timely filed pursuant to section 1362(b); and
      1. The requesting entity timely filed all required federal tax returns and information returns consistent with its requested classification as an S corporation for all of the years the entity intended to be an S corporation and no inconsistent tax or information returns have been filed by or with respect to the entity during any of the tax years, or
      2. The requesting entity has not filed a federal tax or information return for the first year in which the election was intended to be effective because the due date has not passed for that year's federal tax or information return.
  • Form 2553 (Rev. 12-2017)
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