< Back to IRS

Joshua Hellan

Do I need to file S-Corp Form 2553 every year for my LLC?

Hey tax folks! Quick but important question for my small business. I run a single-member LLC that elected S-Corp status for tax year 2023. The IRS sent me confirmation that they approved my S-Corporation election last year. Now I'm completely confused about whether I need to file Form 2553 (Election by a Small Business Corporation) again for 2024 taxes. Some websites say it's a one-time thing, others make it sound like I need to re-file annually. I can't get a straight answer online! I really don't want to mess this up, but also don't want to pay an accountant just to answer this one question. Has anyone gone through this with their LLC/S-Corp? Any reliable resources you can point me to? Thanks in advance for clearing this up!

Jibriel Kohn

•

Form 2553 is typically a one-time filing to elect S-Corporation status. Once the IRS approves your S-Corp election, it remains in effect until it's either voluntarily terminated or the IRS terminates it (which happens in specific circumstances like violating S-Corp eligibility requirements). Since you received confirmation that the IRS approved your S-Corp status, you don't need to file Form 2553 every year. What you will need to file annually is Form 1120-S (the S-Corporation tax return) plus issue K-1 forms to shareholders (which is just you if you're the sole owner). The confusion you're seeing online might be because people sometimes mix up the initial election form (2553) with the annual tax filing requirements for S-Corps.

0 coins

Thanks for explaining this! I'm in a similar situation but just started my LLC this year. Quick follow-up question - is there a deadline for filing the 2553 form for the first time? And what happens if I miss that deadline for the current tax year?

0 coins

Jibriel Kohn

•

The deadline for filing Form 2553 is either: 1) No more than two months and 15 days after the beginning of the tax year the election is to take effect, or 2) At any time during the tax year preceding the tax year it is to take effect. If you miss the deadline, you can still request late election relief by following the procedures outlined in Revenue Procedure 2013-30. You'll need to explain that you had "reasonable cause" for filing late. Many small business owners qualify for this if they can show they intended to elect S-Corp status but weren't aware of the filing requirements.

0 coins

I went through this exact same confusion last year with my photography business LLC! After spending hours researching, I finally used this AI-powered tax document analyzer called https://taxr.ai that saved me so much stress. You just upload your tax docs and ask questions, and it explains everything in plain English. For me, it confirmed I only needed to file Form 2553 once (unless my S-Corp status was terminated), and then helped me understand the ongoing requirements like filing 1120-S annually, paying myself a reasonable salary, etc. Definitely way cheaper than paying my accountant for a quick question.

0 coins

James Johnson

•

That sounds helpful! Does it actually work with specific forms like 2553 or just general tax questions? I have a bunch of LLC paperwork I need to make sense of.

0 coins

Idk, seems kinda sketchy to use AI for important tax stuff. How do you know it's giving accurate info that's up to date with current tax laws? The IRS changes things all the time.

0 coins

It works with specific forms - you can actually upload your forms and it'll analyze them. I uploaded my LLC operating agreement and previous 1040-C and it pointed out things I hadn't even considered about my business structure. The information is current with 2024 tax laws. They update their system regularly with IRS publications and tax code changes. It's not making stuff up - it's referencing actual tax regulations but explaining them in ways that are easier to understand than IRS publications. I've cross-checked some answers with my accountant and they've been spot on.

0 coins

James Johnson

•

Just wanted to follow up about my experience with taxr.ai that someone mentioned above. I was super skeptical at first (like most things online lol) but I decided to try it with my LLC tax questions including the S-Corp election form stuff. It was actually really helpful! I uploaded my LLC paperwork including my EIN letter and some previous tax returns, and it explained exactly what I needed to do about S-Corp election timing. Saved me from making a mistake that would've messed up my tax status for the year. The answers were detailed and referenced specific IRS regulations which made me feel better about trusting it.

0 coins

Mia Green

•

If you're having trouble getting through to the IRS to confirm your S-Corp status (which is totally common - I tried for WEEKS), I finally had success using https://claimyr.com to get through to an actual human at the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in the phone queue and call you when an IRS agent picks up. I was able to confirm my S-Corp election was still valid and got answers about my specific situation from an actual IRS employee. Definitely worth it considering I had previously wasted hours on hold only to get disconnected.

0 coins

Emma Bianchi

•

How does that even work? Does it actually connect you with the IRS or is it some third-party service that just gives tax advice?

0 coins

Sounds like a scam tbh. Why would anyone pay for something to call the IRS? Couldn't they just get your personal info or pretend to be the IRS? No thanks.

0 coins

Mia Green

•

It actually connects you directly to the IRS. They use some tech that holds your place in the phone queue, and when an IRS agent picks up, they connect the call to your phone. You're talking directly with the IRS, not with any third party service representatives. No, it's not a scam - they don't have access to your personal info or tax details. They're just solving the "being on hold forever" problem. When the IRS agent comes on the line, you're the one talking to them directly. I was skeptical too but after wasting 3+ hours on multiple calls getting disconnected, it was totally worth it to finally get through and get my S-Corp question answered officially.

0 coins

I have to eat my words about Claimyr from my comment above. After another frustrating morning of trying to reach the IRS (2+ hours on hold then got disconnected AGAIN), I broke down and tried it. It actually worked exactly as advertised. I got a call back when an IRS agent was on the line, and I was able to confirm my S-Corp election was still active and valid. The agent told me directly that Form 2553 is a one-time filing unless I terminate my S-Corp status or the IRS revokes it for some reason. Honestly wish I'd known about this service sooner - would have saved me so much time and frustration trying to get a simple question answered.

0 coins

I have to eat my words about Claimyr from my comment above. After another frustrating morning of trying to reach the IRS (2+ hours on hold then got disconnected AGAIN), I broke down and tried it

0 coins

One thing to keep in mind with S-Corps is that even though you don't need to re-file Form 2553, you DO need to make sure you're maintaining your S-Corp status by following the rules. This includes: 1) Not having more than 100 shareholders 2) Only having allowable shareholders (individuals, certain trusts, estates) 3) Only having one class of stock 4) Not having non-resident alien shareholders Most important for single-member LLCs with S-Corp election is making sure you're paying yourself a "reasonable salary" through payroll rather than taking everything as distributions. The IRS watches this closely for S-Corps.

0 coins

Joshua Hellan

•

Thanks for mentioning the reasonable salary requirement. How do I determine what's considered "reasonable" for my industry? I've heard different percentages thrown around online.

0 coins

There's no fixed percentage that's universally considered "reasonable" - it depends on your industry, location, experience, and what comparable positions would earn in your area. A good starting point is looking at Bureau of Labor Statistics data for similar positions in your region. The key is documentation - keep records of how you determined your salary, industry standard compensation, and your responsibilities/time commitment. A common mistake is taking too little salary and too much in distributions to avoid payroll taxes. This is exactly what triggers IRS scrutiny. As a general practice, many tax pros suggest your salary should be at least 40-60% of your business profit, but this varies widely by industry and circumstances.

0 coins

Charlie Yang

•

Has anyone actually had their S-Corp status revoked by the IRS? I'm wondering what triggers that and how common it is. I occasionally do some consulting work overseas and now I'm worried about the non-resident alien shareholder rule.

0 coins

Grace Patel

•

S-Corp revocation usually happens when you break the eligibility rules. The most common reasons are having ineligible shareholders or creating a second class of stock accidentally through operating agreements. As long as YOU aren't a non-resident alien, you're fine doing work overseas. The rule is about who owns the shares, not where the work happens. I've had my S-Corp for 7 years working with international clients with no issues. If your status does get revoked, you generally can't re-elect for 5 years unless you get IRS permission (which is a pain). Most revocations happen because people don't understand the rules, not because the IRS is actively hunting for violations.

0 coins

Daniel Rogers

•

Just to add another perspective here - I've been running my single-member LLC with S-Corp election for 4 years now, and can confirm that Form 2553 is definitely a one-time filing. Once you get that approval letter from the IRS, you're set until you voluntarily terminate or something goes wrong. The real ongoing work is making sure you stay compliant with payroll requirements and file Form 1120-S annually. I learned the hard way that you can't just ignore the reasonable salary rule - the IRS did flag me in year 2 when I was taking mostly distributions and barely any salary. Had to adjust and provide documentation showing how I calculated a reasonable wage for my role. One tip: keep that original S-Corp approval letter from the IRS in a safe place. I've needed to reference it multiple times over the years for various business purposes, and it's your proof that the election is valid and when it took effect.

0 coins

Freya Nielsen

•

This is really helpful to hear from someone with actual experience! I'm curious about the IRS flagging you for the salary issue - did they audit you or just send a notice? And when you had to provide documentation, what kind of proof did they want to see? I'm trying to make sure I set up my payroll correctly from the start to avoid any issues down the road.

0 coins

Paolo Longo

•

It wasn't a full audit - they sent what's called a "correspondence audit" letter asking specifically about my salary vs. distributions ratio. They wanted to see documentation like: job descriptions showing my responsibilities, comparable salary data from my industry/area, payroll records showing I was actually paying myself through proper payroll (with taxes withheld), and business records showing the work I was doing justified the salary. The key thing they looked for was that I could demonstrate I researched what similar positions pay and that my salary wasn't artificially low just to avoid payroll taxes. I used Bureau of Labor Statistics data and some industry salary surveys to justify my numbers. Took about 3 months to resolve but no penalties since I could show reasonable basis for my salary amount. My advice: set up proper payroll from day one (I use Gusto), document your salary research, and err on the side of slightly higher salary rather than risk looking like you're gaming the system.

0 coins

Javier Torres

•

Great question, Joshua! I can confirm what others have said - Form 2553 is absolutely a one-time filing. Once the IRS approves your S-Corp election (which you already have confirmation for), it stays in effect indefinitely unless you voluntarily revoke it or violate the S-Corp eligibility requirements. The confusion you're seeing online probably comes from mixing up the initial election form with the ongoing filing requirements. What you DO need to file annually now is Form 1120-S (S-Corporation Income Tax Return) by March 15th, and you'll need to issue yourself a Schedule K-1 as the sole shareholder. Since you're already into your second year with S-Corp status, make sure you're staying compliant with the reasonable salary requirement - you need to pay yourself wages through payroll (not just distributions) for any work you do in the business. This is probably the most important ongoing requirement to avoid IRS scrutiny. Keep that original approval letter somewhere safe - you may need it for banking, business applications, or if questions ever come up about when your election took effect.

0 coins

Taylor To

•

This is exactly the confirmation I needed! Thank you for breaking it down so clearly. I was getting really stressed about potentially missing some annual filing requirement for the S-Corp election itself. One follow-up question - you mentioned the March 15th deadline for Form 1120-S. Is that a hard deadline or can you get an extension like with personal tax returns? I'm usually pretty organized with my taxes but want to know what my options are if something comes up. Also appreciate the reminder about keeping the approval letter safe. I have it in my business files but should probably scan a digital copy as backup.

0 coins

Jayden Reed

•

You can definitely get an extension for Form 1120-S! Just like personal returns, you can file Form 7004 to get an automatic 6-month extension, which pushes the deadline from March 15th to September 15th. However, this is only an extension to file the return - if you owe any taxes, you still need to pay them by the original March 15th deadline to avoid penalties and interest. The good news is that most S-Corps don't owe corporate-level taxes since the income/losses pass through to the shareholders, so the extension usually works out fine. Just make sure you still issue your K-1 to yourself in a timely manner since you'll need it for your personal tax return. And yes, definitely scan that approval letter! I learned this lesson when my physical copy got damaged in a small office flood. Having digital backups of all your important business documents is a lifesaver.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today