S Corp Status For Llc
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How to fill out Obtain S Corporation Status - Corporate Resolutions Forms?
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FAQ
If you're a sole proprietor, you're not eligible to fill out Form 8832. To change how you're taxed, you'll need to form an LLC first. If you're an LLC who wants to be taxed as an S-corp, then you don't need Form 8832 at all. Instead, you'll file the much simpler Form 2553 (we'll chat more about that later).
Disregarded tax status is a good option for most business owners, especially new owners, as this is a simple taxation option that can automatically be applied to the LLC. In addition, this option does not require any additional paperwork to be taxed as a pass-through entity.
In order to become an S corporation, the corporation must submit Form 2553, Election by a Small Business Corporation signed by all the shareholders. See the Instructions for Form 2553PDF for all required information and to determine where to file the form.
How to Elect S Corporation Status for Single-Member LLCs. S Corporation election requires filing IRS Form 2253, Election by a Small Business Corporation. If an LLC wishes for the S Corporation election to be effective the following tax year, it can file Form 2553 anytime during the preceding year.
However, an LLC would generally not be able to own an S corp. An exception to this rule is if the LLC 1) is a single-member LLC that is treated as a disregarded entity for federal income tax purposes and 2) meets the eligibility requirements to be an S corporation shareholder.