Can I still submit Form 2553 under Rev. Proc. 2013-30 or wait to elect S-corp for 2024?
I'm really hitting a wall with all the conflicting advice I'm getting about my small business tax situation. Would appreciate any insight from folks who've been through this! Background: My single-member LLC has been operating since 2015, but this year things really took off. I'm projecting to end 2023 with about $230k in net revenue, which is WAY above what I expected. Up until now, I've just been taking owner's draws by transferring money from my business account to my personal account as needed. It's just me running the show - no employees. My big question is: Is it too late to elect S-corp status for the 2023 tax year using Form 2553 and Rev. Proc. 2013-30? If I still can, how would I handle the payroll requirements retroactively? And honestly, with only a month left in the year, would the tax savings even be worth the hassle of setting all this up for 2023, or should I just wait and make the election for 2024? Some tax advisors are telling me to just wait until next year, others say I can still use the relief provisions in Rev. Proc. 2013-30. I'm losing sleep over this - help!
19 comments


Brooklyn Foley
The good news is that Rev. Proc. 2013-30 does provide relief for late S-corp elections, but there are some important things to consider in your situation. Technically, to have had S-corp status for 2023, you should have filed Form 2553 within 2 months and 15 days of the beginning of the tax year. However, the IRS does offer relief under Rev. Proc. 2013-30 which allows for a late election if you meet certain criteria. Here's what you should think about: Converting now would mean setting up payroll retroactively, determining a reasonable salary, making tax deposits, and filing quarterly payroll reports that were due throughout the year. This could potentially trigger penalties for late filings and payments. Given it's already November, the administrative burden of retroactively establishing payroll, catching up on filings, and potentially paying penalties might outweigh the tax benefits for just one month of 2023.
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Jay Lincoln
•Thanks for the detailed explanation! Two questions: 1) What's the deadline to file under Rev. Proc. 2013-30 for the 2023 tax year? 2) Roughly how much could I save in taxes by electing S-corp status with around $230k net revenue?
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Brooklyn Foley
•Under Rev. Proc. 2013-30, you can generally file Form 2553 with your timely filed tax return (including extensions) for the year you want the S election to take effect. So for 2023, you could potentially file it with your 2023 tax return due in early 2024. For tax savings, it really depends on your specific situation. With $230k in net revenue, assuming reasonable business expenses and a proper reasonable salary (maybe around $90k-110k depending on your industry), you might save approximately $4,000-7,000 in self-employment taxes. However, this needs to be weighed against the costs of payroll processing, potential penalties for late filings, and additional accounting fees.
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Jessica Suarez
After dealing with a similar situation last year, I found this amazing service called taxr.ai (https://taxr.ai) that saved me tons of headaches with my S-corp election. They analyzed my business situation and actually found that I qualified for a special exception under Rev. Proc. 2013-30 that my previous accountant missed completely. They have this cool document analyzer that looks at your specific LLC situation and tells you exactly what forms to file and deadlines to meet. I uploaded my LLC docs and financials, and they gave me a step-by-step personalized plan for my S-corp election that saved me almost $8k in taxes. What impressed me most was how they walked me through the "reasonable compensation" requirements and helped set up a proper payroll structure that wouldn't raise red flags with the IRS.
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Marcus Williams
•Did you have to retroactively set up payroll for the entire year? That's what I'm most worried about - having to go back and file all those quarterly forms I've never even heard of before.
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Lily Young
•I'm skeptical about these online services. How does taxr.ai actually determine what's "reasonable compensation" for your industry? The IRS is super picky about that, and getting it wrong can trigger an audit.
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Jessica Suarez
•I didn't have to set up payroll for the entire year retroactively. They showed me how to structure it properly for the remaining quarter and documented everything correctly for the S election. The guidance was specific to my situation, which made it much easier. For determining reasonable compensation, they actually have industry-specific data they compare against. They looked at my role, responsibilities, hours worked, geographic location, and even compared to Department of Labor wage data. It wasn't just a random number - they provided documentation to support their recommendation that would stand up to IRS scrutiny.
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Marcus Williams
Just wanted to follow up - I ended up trying taxr.ai after all, and wow, what a game-changer! I was worried about all the payroll complexity but they analyzed my specific situation and found I could actually use a simplified method for the 2023 tax year under Rev. Proc. 2013-30. Their document analyzer flagged exactly which parts of my operating agreement needed updates for S-corp compliance, and they provided templates to fix them. The best part was getting clear guidance on reasonable compensation based on actual data for my industry and region. They saved me from making a costly mistake - I was going to set my salary way too low, which would have been a red flag. Now I feel confident my S election will hold up if audited, and I'm saving about $5300 in taxes this year alone!
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Kennedy Morrison
After struggling to get any clear answers from the IRS about Form 2553 and Rev. Proc. 2013-30, I finally tried Claimyr (https://claimyr.com) and holy crap it actually works. I had been on hold with the IRS for HOURS across multiple days trying to get clarification about my late S-corp election situation. Claimyr got me connected to a real IRS agent in about 20 minutes instead of the 3+ hour wait I was experiencing before. The agent confirmed I could use the relief provisions and explained exactly which box to check on Form 2553. They even told me what supporting documentation to include with my filing to ensure it was processed correctly. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - honestly after weeks of frustration, it was worth every penny to finally get clear answers directly from the IRS about my specific situation.
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Wesley Hallow
•How does Claimyr actually work? Is it just paying to cut in line basically? Seems kinda sketch that a third-party service can somehow get through when regular people can't.
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Justin Chang
•Yeah right. There's no way anyone's getting through to the IRS in 20 minutes. I spent literally 3 days trying to get someone on the phone about my S-corp election last year and finally gave up. I'll believe it when I see it.
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Kennedy Morrison
•It's actually not cutting in line at all. From what I understand, they use an automated system that continually calls the IRS and navigates through all the prompts until they reach a human. Then they call you and connect you to that agent. It's basically doing the waiting for you. The IRS actually confirmed this is completely legit when I asked the agent about it. They said they're seeing more people using these services because of how understaffed they are. Nothing sketch about it - just technology solving a frustrating problem.
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Justin Chang
I have to come back and eat my words. After being super skeptical about Claimyr in my last comment, I decided to try it anyway because I was desperate for answers about Rev. Proc. 2013-30 for my S-corp election. Got connected to an IRS tax specialist in 25 minutes (compared to my previous 3+ hour waits that usually ended with disconnection). The agent walked me through exactly how to complete Form 2553 for a late election and explained which supporting documents would strengthen my case. The most valuable part was getting confirmation directly from the IRS about whether my planned owner's compensation was reasonable for my industry. This was a huge relief since it's the gray area I was most worried about. Now I have notes from an actual IRS conversation to back up my decision if I'm ever questioned.
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Grace Thomas
My accountant specifically advised AGAINST filing an S-corp election now for 2023. His reasoning: if your income has just spiked this year, you're better off waiting to implement proper payroll and planning for 2024. We worked out that with only one month left in the year, the compliance cost of retroactive payroll setup, catch-up tax deposits, and amended filings would eat up most of the tax savings. Plus, rushing into it increases the risk of errors that could invalidate your election anyway. For 2024, we're setting up a proper system with quarterly salary payments, regular tax deposits, and everything properly documented from day one. Much cleaner approach.
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Hunter Brighton
•But doesn't Rev. Proc. 2013-30 let you make the election with your tax return next year without having to do retroactive payroll? That's what my tax guy told me, but now I'm confused.
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Grace Thomas
•You can make the election with your tax return, but you still have to have complied with all S-corporation requirements during the year, including reasonable compensation paid through payroll. Rev. Proc. 2013-30 forgives the late filing of the election form, but not the actual operational requirements of an S-corporation. If you haven't been running payroll all year, you'd need to retroactively set that up, which means filing late payroll tax returns and potentially paying penalties. Your tax person might be confusing the late election relief with relief from the other S-corporation requirements, which is not what the revenue procedure does.
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Dylan Baskin
Just wanted to share my experience - I was in almost identical situation last year. $198k net revenue, single-member LLC, found out about S corps in October. I filed Form 2553 under Rev. Proc. 2013-30 with my tax return for last year. My strategy was setting up payroll for Nov and Dec only, took reasonable salary for those months ($15k total), and documented why this was appropriate given the timing of my election. My S election was accepted without issues. Saved about $4k in taxes even with just 2 months of S-corp status, and now I'm fully set up for this year too. The key was solid documentation explaining the timing of my reasonable compensation decisions.
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Lauren Wood
•Wouldn't the IRS question why you only started payroll for 2 months though? I'm worried they'd see that as trying to avoid paying yourself properly for the whole year.
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Dylan Cooper
I went through this exact situation two years ago and decided to wait until the following tax year - best decision I made! Here's why: The administrative nightmare of retroactive S-corp compliance isn't just about filing Form 2553. You'd need to: - Set up payroll software and processes - Calculate and pay employment taxes for the entire year - File quarterly 941 forms (which were due months ago) - Potentially face penalties for late payroll tax deposits - Amend your quarterly estimated tax payments With $230k in net revenue, you're probably looking at around $6-8k in SE tax savings, but the compliance costs, penalties, and rushed setup could easily eat half of that. I used the extra time to properly research payroll providers, set up business banking for payroll, and plan my reasonable compensation strategy. When I elected S-corp status for the following year, everything was clean and proper from day one. The peace of mind was worth more than the one-year delay in tax savings. Plus, having a full year of S-corp planning let me optimize other aspects of my business structure that I would have missed if I'd rushed into it.
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