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S-Corporation Election Helper (IRS Form 2553)

Walks an eligible corporation or LLC through the S-corp election, generates the completed Form 2553 data and required shareholder consents, and flags the filing deadline.

19 min interview2026 currentFree to generateAttorney finish by callPDF & Word export

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What is an S-Corporation Election Helper?

Profitable small businesses whose owners actively work in the business and want to reduce self-employment tax by taking part of their income as salary and part as distributions. The entity must be eligible, meaning a domestic entity with 100 or fewer eligible shareholders, one class of stock, and only eligible owner types.

S-Corporation Election Helper template, current for 2026

Covers the LLC-electing-S-corp path (Form 2553 alone, no separate 8832 needed), the late-election relief under Rev. Proc. 2013-30 with the reasonable-cause statement built in, and a plain-language reasonable-compensation caution, three areas the older startup-tool forms don't address for small-business owners.

How HDAi does this differently

Unlike a static form, HDAi runs a guided interview and assembles your S-Corporation Election Helper as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.

What you’ll be asked

A short interview in plain language that asks only what this document needs.

What is the exact legal name of the entity making the S-corporation election? Use the entity's exact legal name as it appears on its formation documents and IRS records. This becomes the name on Form 2553, Part I.
What type of entity is making the election? An LLC must also be treated as a corporation for tax purposes (via Form 8832 or by filing Form 2553 alone) before it can be an S corporation. An existing C corporation triggers additional built-in gains and LIFO-recapture cautions.
What is the entity's Employer Identification Number (EIN)? Form 2553 requires the EIN. If the entity has applied for but not yet received one, enter 'Applied For'; the election cannot be processed without it.
In which U.S. state (or the District of Columbia) was the entity formed or incorporated? S-corp eligibility requires a domestic entity. This confirms the entity is organized under U.S. law and sets the state of incorporation on Form 2553.
On what date was the entity incorporated or organized? This date drives the timeliness analysis. For a newly formed entity, the two-month-and-15-day election window is measured from when the entity first had shareholders, assets, or began doing business.
What is the entity's principal business street address? Form 2553 asks for the entity's mailing address. Use the principal place of business, not a registered-agent address, unless mail should go elsewhere.
Who is the entity's contact person for IRS correspondence about this election, and their telephone number? The IRS may call this person about the election. Usually an officer, member-manager, or the entity's attorney or accountant.
On what date do you want the S-corporation election to take effect (the first day of the elected tax year or the entity's start date)? For an existing entity, this is typically the first day of the tax year in which you want S status to begin. This is the single most deadline-sensitive input; see the timing flag in the document.
What tax year will the S corporation use? S corporations generally must use a calendar year unless they establish a business purpose or make a Section 444 election. Non-calendar years require Part II of Form 2553.
If a fiscal year, what is the month and day it ends? Only needed for a fiscal year. Determines the Part II box and any Section 444 back-up calendar-year requirement.
If a fiscal year requiring justification, briefly state the business purpose or the Section 444 basis for it. The IRS requires a stated basis for a non-automatic fiscal year. This text is reproduced in the Part II explanation.
Was this entity ever previously an S corporation whose S election terminated or was revoked? Under Section 1362(g), once an S election terminates or is revoked, a new election generally cannot take effect until the fifth tax year after the termination unless the IRS consents. A 'yes' triggers a re-election-bar caution.
Is this election being filed AFTER the normal deadline (i.e., more than two months and 15 days into the intended first S-corp year, or after the prior year for an existing entity)? If late, the IRS allows relief under Rev. Proc. 2013-30 when there was reasonable cause and the entity otherwise qualified. This adds a reasonable-cause statement to the filing.
If filing late, explain the reasonable cause for the delay. Rev. Proc. 2013-30 relief requires a reasonable-cause narrative signed under penalties of perjury. Be specific and truthful.
How many shareholders (or LLC members) will own stock or interests as of the election's effective date? EVERY shareholder must consent to the S election or it is invalid. Choose the count to reveal a capture field for each holder. If there are more than six, use the Schedule A field to list the rest.
Shareholder 1: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 1 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods in the retroactive period. Capture everything Form 2553 and the consent need for this holder. Community-property status determines whether a spousal consent is also required.
Shareholder 2: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 2 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Capture everything Form 2553 and the consent need for this holder.
Shareholder 3: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 3 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Capture everything Form 2553 and the consent need for this holder. If a trust, note the QSST/ESBT status.
Shareholder 4: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 4 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Capture everything Form 2553 and the consent need for this holder.
Shareholder 5: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 5 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Capture everything Form 2553 and the consent need for this holder.
Shareholder 6: full legal name. The name that will appear on the consent and Form 2553, Part I, Column J.
Shareholder 6 details: address, TIN, shares or units owned, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Capture everything Form 2553 and the consent need for this holder.
Schedule A. List every remaining shareholder after the first six, one per line, with the same detail: name, address, TIN, shares or units, acquisition date(s), state of residence, community-property state (yes or no), and, for a late election, holding periods. Use this when there are more than six shareholders, or to record any holder who held shares at any time during the retroactive period of a late election. Every person listed here must also consent.
What is the total number of shares (or LLC units) issued and outstanding as of the effective date? Confirms the ownership math and that there is a single class of stock. Should equal the sum of all shareholders' holdings.
Does the entity have only ONE class of stock (identical rights to distributions and liquidation proceeds), with 100 or fewer eligible shareholders? A second class of stock, more than 100 shareholders, or any ineligible shareholder (nonresident alien, most entities) disqualifies the election. Differences in voting rights alone are allowed.
Do any of the following single-class-of-stock TRAPS apply? Check any that apply; ideally none. Self-certifying 'one class' misses common traps. Any box checked is a flag for counsel: an inadvertent second class can defeat or terminate the election even where the charter shows a single class.
Confirm NONE of the following disqualifying conditions apply (check any that DO apply; ideally none): Any box checked is a red flag that likely defeats the election and requires attorney review. Ideally you check none.
Will any shares be held by a trust that must make its own QSST or ESBT election? A QSST election (Section 1361(d)(2), signed by the income beneficiary) or an ESBT election (Treas. Reg. 1.1361-1(m), signed by the trustee) is made outside Form 2553 and has its own deadline. Check any that apply.
In which states does (or will) the entity do business, so we can flag state S-election and conformity filings? Federal S status does not bind every state. Some states require a separate S-election or consent form or impose an entity-level tax; this drives the state-conformity section.
Will any subsidiary be treated as a Qualified Subchapter S Subsidiary (QSub)? A QSub is a wholly owned S-corp subsidiary treated as disregarded. It requires a separate Form 8869, noted here for completeness.
Who is the officer, member-manager, or authorized person who will sign Form 2553 on behalf of the entity, and their title? An authorized officer (or LLC member-manager) must sign Form 2553 under penalties of perjury. This person's signature validates the corporate election.
Who is preparing this election package (firm or individual)? Identifies the preparer for the cover memo. Not part of Form 2553 itself unless a paid preparer signs Part I.
What is the date of this election package? Dates the cover memo, consents, and instructions. Also the reference point for the deadline countdown shown in the document.

Frequently asked

About the S-Corporation Election Helper and how HDAi works.

What is an S-Corporation Election Helper (IRS Form 2553)? +

An S-Corporation Election Helper (IRS Form 2553) is a legal document that walks an eligible corporation or LLC through the S-corp election, generates the completed Form 2553 data and required shareholder consents, and flags the filing deadline. It suits profitable small businesses whose owners actively work in the business and want to reduce self-employment tax by taking part of their income as salary and part as distributions. The entity must be eligible, meaning a domestic entity with 100 or fewer eligible shareholders, one class of stock, and only eligible owner types.

Is HDAi's S-Corporation Election Helper (IRS Form 2553) legally binding? +

The S-Corporation Election Helper (IRS Form 2553) is a working document, not a contract: it organizes the facts and decisions the next step needs (an attorney's work, a filing or a board decision) and does not become binding by signature. Treat the output as preparation, and have a licensed Hart David Carson attorney finish whatever follows from it.

Do I need a lawyer to use this S-Corporation Election Helper (IRS Form 2553)? +

You can generate and download the S-Corporation Election Helper (IRS Form 2553) in minutes, free of charge. A licensed Hart David Carson attorney can then review it and tailor it to your facts before you sign, which is the part no template can do.

What makes this S-Corporation Election Helper (IRS Form 2553) current for 2026? +

How long does the S-Corporation Election Helper (IRS Form 2553) take? +

Estimated time about 19 min (38 questions), depending on how much you already know. The document assembles as you answer. Export it as PDF or Word, or send it to a Hart David Carson attorney for review.

Does this S-Corporation Election Helper (IRS Form 2553) work in my state? +

HDAi's interview is state-aware. If you ask an attorney to finish the draft, a licensed Hart David Carson attorney confirms it against your state's requirements before you rely on it. Validity and required formalities vary by state.

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Reviewed by Jonathan D. Herpy, Sr., Senior Partner · Last updated October 2026 · Template and page reviewed · Every generated draft is a draft, not legal advice