Quick answer
Form 2553 is how an LLC or corporation elects to be taxed as an S-corp. File it no more than 2 months and 15 days after the start of the tax year you want the election to take effect. For a calendar-year business, that means March 15. You can also file any time during the prior year.
Send it by fax or mail to the IRS center for your state. An officer signs it, and every shareholder must sign the consent. An LLC that files Form 2553 is treated as electing corporate status too, so it doesn’t need Form 8832.
Missed the deadline? Rev. Proc. 2013-30 allows late election relief within 3 years and 75 days if you had reasonable cause.
Before you file
Make sure the S-corp is worth it. The election adds payroll, a Form 1120-S return and often state costs. Our article LLC vs S-Corp for Freelancers: When Does It Save You Money? has a calculator.
Your business must also qualify:
- A domestic LLC or corporation
- No more than 100 shareholders
- Only allowed shareholders: individuals, certain trusts and estates. No partnerships, corporations or nonresident aliens.
- Only one class of stock
A single-member LLC owned by a US citizen or resident easily meets these tests. You need an EIN before filing.
Form 2553 deadlines
| Situation | File Form 2553 by |
|---|---|
| Existing calendar-year LLC, election for 2027 | Any time in 2026, or by March 15, 2027 |
| Existing calendar-year LLC, election for 2026 | March 16, 2026 (March 15 fell on a Sunday). Now late: see relief below. |
| New LLC, election from day one | 2 months and 15 days after its tax year begins |
| Election filed after the deadline without relief | Takes effect the following tax year |
When does a new LLC’s tax year start?
The IRS uses the earliest of these dates: when the entity first had owners, first had assets, or began doing business. For most freelancers that’s the day the state approved the LLC or the day you opened the bank account.
How to count 2 months and 15 days
The IRS example: a tax year that begins January 7 has a 2-month period ending March 6, and the deadline is March 21. Count two months to the day before the start date, then add 15 days.
Worked example: a new LLC in 2026
Nina’s LLC is approved on February 10, 2026. She opens the bank account the same day and wants S-corp status from the start.
| Step | Date |
|---|---|
| Tax year begins | February 10, 2026 |
| 2-month period ends | April 9, 2026 |
| Plus 15 days: Form 2553 deadline | April 24, 2026 (a Friday) |
If Nina files on May 5, 2026, the election would normally start January 1, 2027, unless she qualifies for late relief.
How to fill out Form 2553
The form is four pages. Most freelancers complete Part I and the signature.
- Part I, name and address: exactly as on your EIN letter (CP 575).
- Items A to C: EIN, date formed and state of formation.
- Item E: the date the election takes effect. For a new LLC, the start of its first tax year. Otherwise, January 1.
- Item F: tax year. Most freelancers choose calendar year.
- Item H: the officer or legal representative the IRS may call.
- Item I: leave blank unless you are asking for late relief.
- Column J to L: each shareholder’s name, address, consent signature and date, ownership percentage and SSN or EIN.
- Officer signature: signed by a person authorized to sign, such as the president or managing member.
Part II is only for a fiscal tax year. Part III is for qualified subchapter S trusts. Part IV is for certain late fiscal-year elections.
Signatures
- Every shareholder during the relevant period must consent, including any who sold shares before the form is filed.
- In community property states (like California, Texas and Arizona), both spouses must consent if they have a community interest in the ownership.
- Consents can be on the form or on a separate attached statement.
Where and how to send it
Fax or mail the signed original. The IRS instructions do not offer online filing for a standalone Form 2553.
| Your business is in | Mail to | Fax |
|---|---|---|
| CT, DE, DC, GA, IL, IN, KY, ME, MD, MA, MI, NH, NJ, NY, NC, OH, PA, RI, SC, TN, VT, VA, WV, WI | Department of the Treasury, IRS, Kansas City, MO 64999 | 855-887-7734 |
| AL, AK, AZ, AR, CA, CO, FL, HI, ID, IA, KS, LA, MN, MS, MO, MT, NE, NV, NM, ND, OK, OR, SD, TX, UT, WA, WY | Department of the Treasury, IRS, Ogden, UT 84201 | 855-214-7520 |
Check the current instructions before sending, because addresses change. If you fax, keep the fax confirmation and the original form. If you mail, use certified mail or an IRS-approved private delivery service for proof of timely filing.
The IRS says you should generally hear back within 60 days. The acceptance letter is usually Notice CP261. Keep it with your permanent records. If you hear nothing after about 90 days, call the IRS Business and Specialty Tax Line.
Late election relief (Rev. Proc. 2013-30)
If you miss the deadline, you can often still get the election effective when you wanted it.
Requirements:
- You intended to be an S-corp as of the requested date.
- The only problem is that Form 2553 was late.
- You have reasonable cause and acted diligently once you found out.
- You file within 3 years and 75 days of the intended effective date.
- Shareholders have reported income consistently with S-corp status, and each signs a statement saying so.
How to file: write “FILED PURSUANT TO REV. PROC. 2013-30” at the top of Form 2553. Explain the reasonable cause in Item I or an attached statement. Many late elections are attached to the first timely filed Form 1120-S. No user fee applies, unlike a private letter ruling.
A typical reasonable cause is relying on an adviser, or not knowing about the deadline as a new business owner. Explain the facts briefly and honestly.
Frequently asked questions
Can a single-member LLC file Form 2553?
Yes. The LLC is then treated as a corporation that elected S status. It files Form 1120-S and must pay you a reasonable salary through payroll.
Do I need to file Form 8832 first?
No. An eligible LLC that files a timely Form 2553 is treated as having elected corporate classification.
How do I cancel an S-corp election?
You revoke it with a statement signed by shareholders owning more than half the shares. Generally you can’t re-elect for five years.
Does my state need a separate election?
Most states follow the federal election automatically. A few have their own forms or treat S-corps differently. Check your state tax agency.
This article is general information, not tax advice. Consult a CPA or Enrolled Agent for your situation.
Related guides
- Cheapest States to Form an LLC (and Why It May Not Matter)
- Do I Need a Registered Agent for My LLC?
- How to Start an LLC in Texas
- How to Start an LLC in California
About this guide
Written by the Freelancer Tax HQ editorial team, based on our professional experience, official US government sources (IRS, SSA and other agencies) and reputable informational articles listed in the sources below. Last reviewed on . Tax rules change often, and we update this guide when they do. Read our editorial policy or report an error.
Sources
IRS: Instructions for Form 2553; IRS: About Form 2553; IRS: S Corporations; IRS: Rev. Proc. 2013-30 (Internal Revenue Bulletin 2013-36). Example figures are FreelancerTaxHQ illustrations.
Official resources linked in this guide: IRS: Tax preparer credentials.