So overall, your administrative costs may be $1,500 to $2,500 (maybe up to $3,000 in some cases). So you spend $3,000 to save $6,120, for a net tax savings of $3,120. Let’s say your LLC is a web design business and has a gross income of $120,000 and your expenses are $20,000. Kelly is an SMB Editor specializing in starting and marketing new ventures.

• Both LLCs and S corps benefit from a provision in the Tax Cuts and Jobs Act of 2017 that allows qualifying owners of pass-through entities to deduct 20% of qualified business income from their tax returns.
• No longer handling any litigation, transactional matters only.
• Some states do not recognize the Internal Revenue Service’s Form 2553 for state income tax, so in those states, a local form must be filed with the state tax authority.
• This post is to be used for informational purposes only and does not constitute legal, business, or tax advice.
• In addition to providing the information above, each shareholder will need to sign and date the form before filing.
• The corporation must have only certain trust, estates, or individuals as shareholders.

If your circumstances necessitate a fee, the IRS will send you a bill. The second section of IRS Form 2553 requires a business to provide information and evidence detailing its tax year if it does not operate on the calendar year for fiscal reporting purposes. The business will need to justify its tax year as part of the submission (e.g., product seasonality). Certain corporation types such as financial institutions and insurance companies cannot qualify for S corporation tax treatment. I am a corporate attorney with several years of experience with contracts, corporate and business, government projects, and employment law. Once a company files Form 2553, and the IRS approves it, the election remains valid indefinitely.

Where To File IRS Form 2553?

The IRS is very strict about due dates and has the right to impose penalties if your S-Corp tax return is late . If no tax is due and you need to file an informational return only the IRS can charge $195 per month per person. If there is a tax due, it’s $195 per month per person plus 5% of the unpaid tax for each month it’s late. For more https://intuit-payroll.org/ info please see the “Interest and Penalties” section of Form 1120S instructions. These taxes are paid to the Social Security Administration and you’ll report self-employment tax as a part of your personal federal tax return on Schedule SE. But all this flexibility comes from within an incredibly rigid and convoluted bureaucratic system.

Tools, resources and guides to officially form your company. We’d love to hear from you and encourage a lively discussion among our users. Please help us keep our site clean and protect yourself. Refrain from posting overtly promotional content, and avoid disclosing personal information such as bank account or phone numbers. Access your full business credit scores & reports, including the FICO SBSS — the score used to pre-screen SBA loans. Have been practicing real property and business law in Nevada for over 40 years. No longer handling any litigation, transactional matters only.

Business Taxes by TaxSlayer

This allows your business to save money by qualifying for pass-through taxation where income and losses are passed through to you and any shareholders and reported through your personal tax return. As the vehicle through which corporations can reduce the amount of taxes that they have to pay, Form 2553 is very important.

When completing the Form 2553, Part I and Part D ask for the business address and if the entity had changed address after the EIN was established. Hi Jeff, yes, an LLC taxed as an S-Corp can own another LLC taxed as an S-Corp. This is known as a Qualified Subchapter S Subsidiary, aka “Child S-Corp”, aka “QSUB” or “QSSS”. The Child S-Corp is treated as a division of the parent. In order to make this election, one must file IRS Form 8869. Matt holds a Bachelor’s Degree in business from Drexel University with a concentration in business law.

Legally Binding

Shareholders can consent by signing and dating in column K or use a separate consent statement. When more than one person has an interest, such as community property, joint tenancy, form 2553 instructions for llc etc., all parties must consent. Minors or their legal representative may sign for a minor’s consent, as can their parents if there is no other legal representative.

The name of this section can be daunting, but it’s only relevant for trusts applying for S corporation status. If you’re a trust applying for S corp status, list the income beneficiary’s name, address, and social security number, and the trust’s name, address, and employer identification number. By default, all corporations are treated as C-corporations for tax purposes. The tax consequences for this default is that the corporation would pay corporate income tax on net taxable income annually. The way to avoid this is to fill out Form 2553 and make the intention to become an S-corporation clear. The IRS will respond to the corporation with a letter confirming the election for S-corporation but the organization must be incorporated first.

Where to file Form 2553:

If box 2 or 4 is checked, provide the additional information about the tax year, and complete Part II of the form. The form must be filed no later than 2 months and 15 days after the beginning of the tax year when the election will take place. For example, if you use a calendar year, you would need to file Form 2553 by March 15 of the year when you want the election to take place. If your fiscal year begins March 1, then you would need to file Form 2553 by May 15 of that year. Any time you form a business entity, the IRS automatically assigns that entity a tax classification.

• During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts.
• When an LLC is taxed like a partnership, the owner or owners are not considered employees for the LLC by the IRS even if they perform employee tasks running the company.
• Owners must also be private individuals and not business entities such as LLCs, corporations, or trusts.
• LLCs taxed as S corps are subject to increased scrutiny by the IRS.
• Once it’s complete Form 2553 you submit it to the Internal Revenue Service.