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Glossary · 2553

What is S-Corp Election (Form 2553)?

The form that makes an LLC or corporation taxed as an S-corporation — due within 2 months and 15 days of the start of the tax year it's meant to take effect.

What it does

An S-corp election splits owner compensation into salary (payroll-taxed) and distributions (not self-employment-taxed). Past roughly $40–50K of profit, that split usually beats default LLC taxation.

The strange deadline

2 months and 15 days into the effective year — mid-March for calendar-year businesses, or 75 days from formation for new entities. Missed it? Late-election relief (Rev. Proc. 2013-30) rescues most cases with reasonable cause, back to 3 years and 75 days.

The obligations that come with it

  • Reasonable W-2 salary before distributions
  • Payroll filings all year
  • A separate 1120-S return every March
  • No non-resident alien shareholders — a hard eligibility wall

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