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Danielle Mays

Confused about Form 2553: Should I use Rev. Proc. 2013-30 or wait to elect S-corp for 2024?

I'm completely lost with all the conflicting information I'm getting - hoping someone here can set me straight! My situation: I have a single-member LLC that I started back in 2018. It's been chugging along fine but this year (2023) has been unexpectedly good. I'm projecting around $230k in net income by year end. So far I've just been taking owner's draws by transferring money from my business account to my personal account when needed. The business is just me - no employees, no partners, just a simple SMLLC. What I'm trying to figure out: Is it too late to elect S-corporation status for the 2023 tax year? I've heard about Rev. Proc. 2013-30 but I'm not sure if that applies to my situation. If I can still elect for 2023, what would I need to do about payroll since the year is almost over? And honestly, with only a month left in the year, would the tax savings even be worth the hassle of setting everything up for 2023, or should I just wait and elect for 2024? Any advice would be greatly appreciated!

Roger Romero

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You still have options for 2023, but you'll need to act quickly. Rev. Proc. 2013-30 does provide relief for late S-corp elections. Since we're still in 2023, you can actually file Form 2553 within 3 years and 75 days of the date you want the S-corp status to be effective. For payroll, this is where it gets tricky for 2023. You'd need to establish a "reasonable salary" and run at least one payroll before year-end. Generally, with your income level, you'd want your salary to be somewhere around $80-100k annually, but since you'd only be establishing it for part of the year, you could prorate it. You'd need to register for payroll taxes, get a payroll service, and file all the appropriate quarterly forms. Is it worth it? It depends on the difference between self-employment tax on your full net income versus FICA taxes on your reasonable salary. At $230k, you could potentially save several thousand in taxes even for one month, but you'll have accounting costs, payroll service fees, and time spent setting it all up.

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Anna Kerber

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If they go ahead with this, do they need to amend all their quarterly estimated payments too? Also, what about any draws they already took this year - would those need to be reclassified somehow?

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Niko Ramsey

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Wait, if they're going to file using Rev Proc 2013-30, don't they need a "reasonable cause" for filing late? What would qualify in this case?

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Roger Romero

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For quarterly estimated payments, you wouldn't need to amend them. You'd reconcile everything when filing your personal and S-corp tax returns. The S-corp would file Form 1120-S, and you'd report your share of income on Schedule E of your personal return. Regarding the draws you've already taken, they don't need to be reclassified as long as you establish a reasonable salary before year-end. The draws would be considered distributions, which aren't subject to payroll taxes. Just make sure your year-end records clearly distinguish between salary and distributions. Regarding "reasonable cause" for filing late under Rev. Proc. 2013-30, the IRS generally accepts that the taxpayer intended to elect S-corp status but was unaware of the filing requirements or deadline. You would check box H on Form 2553 and write "FILED PURSUANT TO REV. PROC. 2013-30" at the top of the form. Since you're still in the same tax year, the IRS is typically more lenient.

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After struggling with almost the exact same S-corp election timing issue last year, I finally found a solution that saved me hours of frustration. I used https://taxr.ai to analyze my situation and got clear guidance on my late S-corp election options. The tool reviewed my specific circumstances and showed me exactly how to complete Form 2553 with the correct Rev. Proc. 2013-30 notations. What really helped was that it calculated my potential tax savings both ways (waiting vs. electing now) based on my actual numbers, so I could see if the hassle was worth it. It also generated a personalized checklist of everything I needed to do for payroll setup before year-end. Literally saved me from making several mistakes that would have caused problems with the IRS later.

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Jabari-Jo

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Does it actually help with filling out the forms or just give you advice? I'm in a similar situation but with a partnership LLC and I'm terrible with forms.

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Kristin Frank

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Sounds good in theory but can it really calculate accurate tax savings? There are so many variables with S-corps vs LLCs and I've found most online calculators way oversimplify.

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It does both - gives advice and helps with the forms. For Form 2553 specifically, it walks you through each section and explains what to enter based on your situation. It even highlights where you need to add the special Rev. Proc. notation and gives you sample language for the explanation section. For partnership LLCs, it works too but the process is a bit different since you'd be filing both Form 8832 and Form 2553. The tax savings calculator is actually quite comprehensive. It factors in your state, projected income, reasonable salary requirements, retirement plan options, and even health insurance situations. It's not just a simple calculator - it runs multiple scenarios based on your specific numbers and shows you year-by-year projections. The recommendations change based on your growth trajectory too, which was helpful for me since my business was growing fast.

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Kristin Frank

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Just wanted to update everyone - I took the advice about using taxr.ai and it was exactly what I needed! I was skeptical at first (as you can see from my earlier comment), but it actually provided me with detailed calculations showing I'd save about $7,800 by electing S-corp status for 2023 even with just December's income. The system created a customized guide for my situation and helped me properly fill out Form 2553 with the right Rev. Proc. 2013-30 language. It even generated a reasonable salary justification document based on market rates for my industry, which my accountant said would be really helpful if I ever get audited. I've now submitted my election and set up a simple payroll system for December. The whole process took about 3 hours of my time, which is worth it for the tax savings. Thanks to everyone here who pointed me in the right direction!

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Micah Trail

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Nia Watson

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Wait, does this actually work? How does a third party service get you to the front of the IRS line when I've been calling for days?

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Sounds like a scam to me. Why would I pay someone else to call the IRS? And how do they get through when nobody else can? The IRS phone system doesn't have any secret backdoors last I checked.

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Micah Trail

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I need to admit I was completely wrong about Claimyr in my previous comment. After struggling for another week trying to get through to the IRS about my S-corp election questions, I broke down and tried the service. Within about an hour, I got a call back with an actual IRS business specialist on the line! The agent confirmed that I could still use Rev. Proc. 2013-30 for my situation and explained exactly what documentation I needed to include. She even gave me tips on how to word my reasonable cause statement to improve my chances of approval. This was after I had spent literally DAYS trying to get through on my own with no success. For anyone in a similar situation with S-corp election timing questions, getting direct confirmation from the IRS saved me from making what could have been a costly mistake. Sometimes it's worth spending a little to save a lot of frustration and potential tax issues.

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Something everyone seems to be overlooking - have you considered the increased costs of running an S-corp? You'll have: - Annual tax prep fees ($1000-2000 vs maybe $500 for Schedule C) - Payroll service ($50-100/month) - State filing fees (varies by state) - More complex bookkeeping With your income level, the math probably still works out in favor of S-corp, but don't just look at the tax savings in isolation. Also, setting up payroll for just Dec might be more hassle than it's worth. Personally, I'd just wait till 2024 and do it right from the beginning of the year.

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Danielle Mays

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Thank you so much for bringing this up - I've been so focused on the potential tax savings that I didn't fully factor in all the ongoing costs. Do you have any recommendations for affordable payroll services that work well with single-member S-corps? And roughly how many hours per month would you say the additional bookkeeping takes you?

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For payroll, Gusto is really popular and user-friendly, starting around $45/month. QuickBooks Payroll is another option if you already use QuickBooks. There are cheaper options like Patriot Payroll around $30/month, but they might have fewer features. For bookkeeping time, it added about 1-2 hours per month to my workload. The biggest change is being more careful about separating business and personal expenses, tracking distributions vs. salary, and documenting everything more thoroughly. Year-end is when it gets more complex, especially if you need to make adjustments to ensure your salary vs. distribution ratio looks reasonable to the IRS. If your bookkeeping is already solid, it's not a huge jump, but if it's messy, an S-corp will force you to get more organized.

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Marcus Marsh

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Has anyone used the "Reasonable Cause Statement" approach when filing Form 2553 late? What kind of language actually works?? I'm in a similar spot and need to file under Rev. Proc. 2013-30 but worried about getting rejected.

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I successfully filed late last year. Keep it simple and honest - I just wrote: "I was unaware of the filing requirement and deadline for Form 2553. Upon learning of this requirement, I immediately prepared and submitted this election. I acted reasonably and in good faith, and filing this late election does not prejudice the interests of the government." Got approved with no issues.

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GalaxyGlider

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I went through this exact same situation two years ago and can share what worked for me. With your income level at $230k, the S-corp election will likely save you significant money even for just one month - potentially $4-6k in self-employment tax savings. Here's what I'd recommend: File Form 2553 immediately using Rev. Proc. 2013-30 relief. For the reasonable cause statement, keep it straightforward - something like "Taxpayer was unaware of the election deadline and filing requirements but intended to elect S-corp status upon learning of the tax benefits." For payroll, you'll need to establish a reasonable salary for December. With your income, aim for around $7-8k for December (roughly $90-100k annualized). Yes, it's a hassle to set up payroll for one month, but the tax savings usually outweigh the setup costs. One thing others haven't mentioned - make sure you have adequate business bank account records showing clear separation between business income and personal draws. The IRS will want to see that you've been operating as a legitimate business entity. The key is acting quickly since you're already in December. Even if it feels rushed, the potential tax savings make it worthwhile for your income level.

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