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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.
To convert to an S-corp, you will need to file IRS Form 2553. For the tax election to have effect for the full year, the form may be filed anytime in the previous year until March 15 of the year in which you want the tax election to take effect.
Converting an S Corp to an LLC can be a beneficial and profitable move for many businesses. It offers the flexibility to operate as either a sole proprietorship, partnership, or corporation. Additionally, it allows for greater protection of personal assets and more efficient tax planning.
You will be required to obtain a new EIN if any of the following statements are true. A new LLC with more than one owner (Multi-member LLC) is formed under state law. A new LLC with one owner (Single Member LLC) is formed under state law and chooses to be taxed as a corporation or an S corporation.
The merger is without tax consequences, because it's a merger of two entities, Old S and LLC, that are disregarded for tax purposes. Furthermore, all of the assets, liabilities, contracts, and legal relationships of Old S transfer to LLC and in most circumstances no third party consents are required.