not elected to be treated as a corporation, see Rev. Proc.
1030 (or its successor)); (b) Form 2553 with an accepted
2004-48, 2004-32 I.R.B. 172.
stamp; (c) Form 2553 with a stamped IRS received date;
•
If a corporation failed to timely file Form 2553, see
or (d) an IRS letter stating that Form 2553 has been
Rev. Proc. 2003-43, 2003-23 I.R.B. 998.
accepted.
•
If Form 1120S was filed without an S corporation
Do not file Form 1120S for any tax year before
election and neither the corporation nor any shareholder
!
the year the election takes effect. If the
was notified by the IRS of any problem with the S
corporation is now required to file Form 1120,
CAUTION
corporation status within 6 months after the return was
U.S. Corporation Income Tax Return, or any other
timely filed, see Rev. Proc. 97-48, 1997-43 I.R.B. 19.
applicable tax return, continue filing it until the election
takes effect.
Where To File
Send the original election (no photocopies) or fax it to the
End of Election
Internal Revenue Service Center listed below. If the
Once the election is made, it stays in effect until it is
corporation files this election by fax, keep the original
terminated. IRS consent generally is required for another
Form 2553 with the corporation’s permanent records.
election by the corporation (or a successor corporation)
on Form 2553 for any tax year before the 5th tax year
Use the following
If the corporation’s principal
after the first tax year in which the termination took effect.
Internal Revenue
business, office, or agency is
See Regulations section 1.1362-5 for details.
Service Center address
located in:
or fax number:
Specific Instructions
Connecticut, Delaware, District
of Columbia, Illinois, Indiana,
Kentucky, Maine, Maryland,
Part I
Massachusetts, Michigan, New
Hampshire, New Jersey, New
Cincinnati, OH 45999
Name and Address
York, North Carolina, Ohio,
Fax: (859) 669-5748
Pennsylvania, Rhode Island,
Enter the corporation’s true name as stated in the
South Carolina, Vermont,
corporate charter or other legal document creating it. If
Virginia, West Virginia,
the corporation’s mailing address is the same as
Wisconsin
someone else’s, such as a shareholder’s, enter “c/o” and
this person’s name following the name of the corporation.
Alabama, Alaska, Arizona,
Include the suite, room, or other unit number after the
Arkansas, California, Colorado,
street address. If the Post Office does not deliver to the
Florida, Georgia, Hawaii, Idaho,
street address and the corporation has a P.O. box, show
Iowa, Kansas, Louisiana,
the box number instead of the street address. If the
Minnesota, Mississippi, Missouri,
Ogden, UT 84201
corporation changed its name or address after applying
Montana, Nebraska, Nevada,
Fax: (801) 620-7116
for its employer identification number, be sure to check
New Mexico, North Dakota,
the box in item D of Part I.
Oklahoma, Oregon, South
Dakota, Tennessee, Texas,
Item A. Employer Identification Number
Utah, Washington, Wyoming
(EIN)
Enter the corporation’s EIN. If the corporation does not
Acceptance or Nonacceptance of
have an EIN, it must apply for one. An EIN can be
applied for:
Election
•
Online –Click on the EIN link at
The service center will notify the corporation if its election
businesses/small. The EIN is issued immediately once
is accepted and when it will take effect. The corporation
the application information is validated.
•
will also be notified if its election is not accepted. The
By telephone at 1-800-829-4933 from 7:00 a.m. to
corporation should generally receive a determination on
10:00 p.m. in the corporation’s local time zone.
•
its election within 60 days after it has filed Form 2553. If
By mailing or faxing Form SS-4, Application for
box Q1 in Part II is checked, the corporation will receive a
Employer Identification Number.
ruling letter from the IRS in Washington, DC, that either
If the corporation has not received its EIN by the time
approves or denies the selected tax year. When box Q1
the return is due, enter “Applied for” in the space for the
is checked, it will generally take an additional 90 days for
EIN. For more details, see Pub. 583.
the Form 2553 to be accepted.
Item E. Effective Date of Election
Care should be exercised to ensure that the IRS
receives the election. If the corporation is not notified of
Form 2553 generally must be filed no later than 2
acceptance or nonacceptance of its election within 2
TIP
months and 15 days after the date entered for
months of the date of filing (date faxed or mailed), or
item E. For details and exceptions, see When To
within 5 months if box Q1 is checked, take follow-up
Make the Election on page 1.
action by calling 1-800-829-4933.
If the IRS questions whether Form 2553 was filed, an
A corporation (or entity eligible to elect to be treated as
acceptable proof of filing is (a) a certified or registered
a corporation) making the election effective for its first tax
mail receipt (timely postmarked) from the U.S. Postal
year in existence should enter the earliest of the following
Service, or its equivalent from a designated private
dates: (a) the date the corporation (entity) first had
delivery service (see Notice 2004-83, 2004-52 I.R.B.
shareholders (owners), (b) the date the corporation
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