S Corporations Filing The Election
Below is a MRR and PLR article in category Business -> subcategory Small Business.

S Corporations: How to File the Election
Understanding how to file for an S Corporation can be a bit challenging. If you're determined to convert your corporation into an S Corporation, here’s a simple guide to help you navigate the process.
What is an S Corporation?
An S Corporation is primarily a tax designation. While there are legal considerations, such as limiting the number of shareholders to 75, the main focus is on tax benefits. With this designation, the corporation’s income is passed directly to shareholders according to their ownership stakes, allowing them to report profits and losses on their personal tax returns. This avoids the double taxation common with C Corporations.
Filing the Election
To designate your business as an S Corporation, you'll need to file an election with the IRS. Generally, no state-level documentation is required, but it's important to verify this with your local jurisdiction. The IRS uses Form 2553, "Election by a Small Business Corporation," for this purpose.
Here's what you'll need to complete Form 2553:
1. Name and address of the corporation
2. Tax year for the election
3. Date the corporation had shareholders or began operations
4. Name, address, and Social Security number of each shareholder
5. Signature of each shareholder
If your shareholders are spread out geographically, coordinating signatures can be time-consuming, so plan accordingly.
Timing Is Crucial
The IRS imposes strict deadlines for filing S elections. Formally, the election must be filed by the 15th day of the third month of the tax year for which you’re making the election. To simplify, aim to file within 75 days of incorporation. For peace of mind, consider sending your election via registered mail to have proof of timely filing.
In summary, while the IRS can be demanding regarding S elections, following these steps promptly will help ensure a smooth process.
You can find the original non-AI version of this article here: S Corporations Filing The Election.
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