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Form 2553

The form that elects S corporation tax treatment for a corporation or LLC.

What is Form 2553?

The form that elects S corporation tax treatment for a corporation or LLC.

Why it matters on your return

The election is due within two months and 15 days of the start of the tax year it should apply to, and all shareholders must sign. Late election relief is widely available under Revenue Procedure 2013-30 when the business has acted like an S corporation all along.

Example

An LLC formed January 1 files Form 2553 by March 15 to be an S corporation for that year. Filing April 1 without relief pushes the election to the following year.

Do I need to form a corporation first?

No. An LLC can elect S corporation tax treatment directly on Form 2553 without changing its legal structure.

Last reviewed September 10, 2026. Tax rules change; confirm current law before acting.

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