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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.
Even though the S corporation does not pay income tax, it has a responsibility to file an annual tax return on Form 1120S. This tax form is for informational purposes only and provides the IRS with an aggregate view of the business' earnings and expenses.
If you file Form 2553 before the date on line E (the date the election will go into effect), you only need to list the current shareholders. If you file the form after the date on line E, list anyone who held stock between that date (the effective date) and the filing date (the election date).
Entity and Structural Requirements Your S-corporation election requires your entity must be a domestic business, meaning it must have been formed or incorporated within the United States. Your S-corporation must also not be an ineligible corporation.
If you don't file Form 2553 by the deadline, your business will not receive S Corporation status until the following tax year, unless you qualify for late election relief.
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.
Part III applies to Qualified Subchapter S Trusts? a trust with a single beneficiary whose income is distributed annually? who want to hold stock in an S corp. If that doesn't apply to you, you can skip this section in its entirety.
To become an S corp in the next tax year, you must file form 2553 prior to two months and fifteen days after the start of the current tax year. Most businesses use the calendar year as their tax year meaning they close their books on December 31.