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ServiceThe S-Corporation election is a tax classification, not an entity type. For profitable single-member LLCs and closely-held corporations, electing S-Corp status under Subchapter S of the Internal Revenue Code can save thousands per year in self-employment tax. We file IRS Form 2553 and coordinate state-level elections.
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S-Corp Election
S-Corp Election · all 51 jurisdictions

Elect S-Corp status. Save thousands in self-employment tax.

The S-Corporation election is a tax classification, not an entity type. For profitable single-member LLCs and closely-held corporations, electing S-Corp status under Subchapter S of the Internal Revenue Code can save thousands per year in self-employment tax. We file IRS Form 2553 and coordinate state-level elections.

$99
Free on Growth and Enterprise plans
Pay only the state fee 60-day money-back State fee at cost
Filed within 24 hours · IRS acceptance in 4–8 weeks · Late-election relief available
220,000+
Businesses formed
4.9 / 5
From 8,200 reviews
A+
BBB rated · SOC 2 II
$0
Missed-filing penalties
$149
Service · one-time
plus IRS fees
Form 2553
Filed
to IRS
Save
10-30%
self-employment tax
51
Jurisdictions
available
SOC 2 Type II · 2025 report 4.9 · 8,200+ reviews E&O Insured · carrier on request 51 Jurisdictions 220,000+ Formed
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What it is

The S-Corp election, with the math made simple.

S-Corp is not a separate kind of company. It is a federal tax election that an existing LLC or Corporation can make by filing IRS Form 2553. Once accepted, the entity is taxed as a pass-through (like a partnership) and the owner can split compensation between a W-2 salary and tax-distinct profit distributions.

Why founders elect it: Self-employment tax (Social Security and Medicare, 15.3% combined) applies to LLC pass-through income up to the Social Security wage base. After the S-Corp election, only the W-2 salary portion is subject to payroll tax; the distribution portion is not. The savings can be substantial.

An example. A single-member LLC consultant in Texas with $150,000 in net profit pays approximately $22,950 in self-employment tax (15.3% × $150,000). If the same business elects S-Corp status and pays the owner a $75,000 reasonable salary, payroll tax drops to about $11,475, and the remaining $75,000 is taken as a distribution with no self-employment tax. Annual savings: roughly $11,475.

The trade-offs: The S-Corp election creates new obligations. You must run payroll for yourself (typically $40–80/month), file an annual Form 1120-S (typically $800–1,500 to a CPA), pay yourself a reasonable salary or face IRS reclassification, and meet state-level franchise tax minimums (California's is $800/year). The break-even where savings exceed new costs is roughly $50,000–60,000 in net profit.

5 minutes to start$0 service fee.
$0 service feeState fee at cost.
60-day refundChange your mind, get your money back.
Who it is for

Is this the right service for you?

01 · Profitable

Profitable LLCs over $60k net

Single-member LLCs with net profit over about $60,000 typically save more in self-employment tax than the new costs add.

02 · Consultants

Independent consultants & freelancers

Knowledge-work professionals are the classic S-Corp use case. Reasonable salary for the work performed plus distribution from profit.

03 · Pro services

Professional service firms

Doctors, lawyers, accountants, architects, and similar high-income service providers.

04 · Family

Family businesses

Closely-held US-owner businesses that want pass-through taxation plus the ability to take some profit as a distribution.

05 · Real estate

Active real estate operators

Real estate professionals who materially participate, especially those with US-citizen ownership only.

06 · Late-elect

Late elections needed

Missed the March 15 deadline? IRS provides late-election relief under Rev. Proc. 2013-30 with reasonable cause. We file the relief request.

See one of these in your situation? Start now. Most filings take five minutes to enter and we handle the rest.
File Form 2553 → Pay only state fee
What is included

Everything we deliver as part of this service.

Each item below is performed by our team and confirmed in your dashboard. State filing fees are passed through at cost as a separate line item.

  • IRS Form 2553 preparation with all required information and member/shareholder consents
  • Eligibility verification (US-citizen owners only, 100-shareholder cap, single class of stock)
  • Effective-date analysis to determine the earliest available tax year
  • Late-election relief under Rev. Proc. 2013-30 if you missed the March 15 deadline
  • Reasonable-salary analysis based on your industry, location, and role (for audit defense)
  • State-level S-Corp election filing in states that require a separate election (NY, NJ, others)
  • Form filed via certified mail with USPS tracking, plus electronic CCC code submission where allowed
  • Payroll setup coordination so you can immediately start running W-2 wages
  • Document vault storage of Form 2553 and the IRS acceptance letter (CP261)
  • Compliance Suite tracking your new Form 1120-S filing deadline (March 15 annually)
Filing checklist
  • Entity name, EIN, and date of formation
  • Tax year you want the election effective (current year or following year)
  • Member or shareholder names, SSNs, and ownership percentages
  • Consent of all shareholders or LLC members (we collect electronically)
  • Confirmation all owners are US citizens or resident aliens
  • Single class of stock confirmation (no preferred or special-rights interests)
How it works

Four steps. We do most of them.

Step 1

Run the savings math

We project your self-employment tax savings vs. the new costs (payroll service, 1120-S preparation, state minimum franchise tax). If the math works, we recommend electing. If not, we say so.

Step 2

Verify eligibility

Eligibility checks: all owners are US citizens or resident aliens, owner count is 100 or fewer, ownership is held by individuals or qualifying trusts (not partnerships, corporations, or non-US persons), and there is only one class of stock or LLC interest.

Step 3

Prepare and file Form 2553

We prepare Form 2553 with the effective date, all owner consents, and supporting elections (Section 1361, late-election relief if needed). The form is filed by certified mail with tracking; we also submit the CCC online code when available.

Step 4

Set up payroll and track deadlines

Once elected, you must run W-2 payroll for yourself. We coordinate with our payroll partner so your first paycheck is timely and the year's salary is on pace. The Compliance Suite tracks your new 1120-S deadline (March 15) and quarterly estimated taxes.

That is the whole process. Skip the paperwork, skip the runaround. Let us file your S-Corp election for you.
File Form 2553 → 5 min · Pay only state fee
Compare

What you save by filing through us.

Compared to the alternatives most founders consider.

Do It Yourself
$0
Download Form 2553 from IRS.gov.
  • Save the service fee
  • Easy to fill out incorrectly
  • No late-relief if you miss March 15
  • No reasonable-salary analysis
  • No state election coordination
  • No payroll setup
CPA
$300–800
Standalone S-Corp election prep.
  • Filed correctly
  • Reasonable-salary advice
  • Audit defense if asked
  • Hourly billing
  • No payroll coordination
  • No compliance tracking
File.Business
$99
Free on Growth and Enterprise.
  • Form 2553 prepared and filed
  • Late-election relief if needed
  • State-level election coordinated
  • Reasonable salary documented
  • Payroll setup included
  • 1120-S deadline tracked
“The math was obvious once they ran the numbers. My single-member LLC was netting around $180k. We elected S-Corp in March, set up the payroll, and I saved $11,000 in self-employment tax that first year. The Form 2553 came back accepted with zero questions.”
MD
A multi-entity clientFounder, a consulting firm with 8 entities · Dallas, TX
$11,000Tax saved year 1
25 minTo file 2553
ApprovedNo IRS follow-up
60day promise

The File.Business Promise

If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. If you change your mind in the first 60 days, we refund our service fee in full. Your data stays yours, always.

60-day money-back Penalty-free filings Cancel anytime No surprise fees
FAQ

Frequently asked questions.

When is the deadline to elect S-Corp status?
For an existing entity, Form 2553 must be filed within 2 months and 15 days after the start of the tax year for which you want the election to apply. For a calendar-year entity, that means March 15. For a new entity, the same 75-day window starts from the date of incorporation or organization.
What if I missed the March 15 deadline?
The IRS offers late-election relief under Revenue Procedure 2013-30 if you can show reasonable cause for the delay and have not yet filed a return inconsistent with S-Corp treatment. We file the relief request as part of Form 2553 with the explanation. Approval is granted in the vast majority of cases.
How much do I have to pay myself in salary?
The IRS requires reasonable compensation, what you would pay someone else to do the work you do. There is no statutory minimum, but courts have reclassified low salaries as disguised distributions. Common benchmarks: 40–60% of gross revenue for solo professionals; salary surveys for your industry and location; what you would earn doing the same job as a W-2 employee. We document the analysis in your records.
What states require a separate S-Corp election?
Most states automatically recognize the federal S-Corp election. States that require a separate election or filing: New York (Form CT-6), New Jersey (Form CBT-2553), Arkansas (form not standard, file with annual return). States that do not recognize S-Corp at all (your S-Corp is treated as a C-Corp for state tax): District of Columbia, New Hampshire (uses Business Profits Tax), Tennessee (treats as C-Corp for excise tax), Louisiana (excise tax).
Can my LLC elect S-Corp directly, or do I need to convert to a Corporation first?
An LLC can elect S-Corp tax treatment directly without converting. Internally it remains an LLC under state law; for federal income tax it is treated as an S-Corporation. You file Form 8832 (entity classification) and Form 2553 (S election), we handle both. No state filing is required to make the federal election.
How does S-Corp affect my self-employment tax?
After the election, only the W-2 salary portion of your compensation is subject to FICA (Social Security + Medicare = 15.3%, half paid by the corporation, half by you). The remaining profit, taken as a distribution, is exempt from self-employment tax. The salary is also subject to federal income tax withholding.
Are there S-Corp situations I should avoid?
S-Corp is wrong for: (a) businesses below the break-even profit (~$50–60k); (b) businesses planning to raise venture capital (S-Corp ownership restrictions are incompatible with most VC); (c) businesses with foreign owners (S-Corps cannot have non-US-person owners); (d) businesses with significant passive income (real estate rentals can trigger built-in gains issues); (e) very volatile-profit businesses where the salary infrastructure is overhead in a bad year.
Can I revoke the S-Corp election later?
Yes, but with constraints. Revocation requires consent of shareholders holding more than 50% of stock. Once revoked, you generally cannot re-elect S-Corp for 5 tax years without IRS consent. Plan revocation carefully, it is a one-way door for half a decade.
What is Form 1120-S and when is it due?
Form 1120-S is the annual S-Corporation income tax return, due by March 15 of the following year (or the 15th day of the 3rd month after year-end for fiscal-year entities). The corporation files 1120-S; the income flows through to shareholders via Schedule K-1, which each shareholder uses on their personal return.
Does S-Corp election affect QSBS treatment?
Yes, negatively. Qualified Small Business Stock under IRC §1202 requires C-Corporation status. If you elect S-Corp, you lose QSBS eligibility on that stock. For founders planning toward a large exit who care about QSBS, this is a significant consideration, usually pointing back toward C-Corp.
Start your Corporation

Form a Corporation and elect S-Corp status.

Form the entity in our guided flow, then file Form 2553 for S-Corp tax treatment. We confirm eligibility and handle the IRS submission.

✓ Save and resume any time ✓ Specialist review before filing ✓ 100% refund if state rejects on our end ✓ State filing fee passed through at cost
Your formation timeline

From "I want to start a business" to fully compliant in five steps

Each step has a target time, a status indicator, and a clear owner. We do most of it. You sign and approve.

1
5 minutes · You

Pick name + state

Instant name availability across 51 jurisdictions. Our quiz suggests the right state if you are unsure.

2
24 hours · We file

Articles of Organization

$0 service fee. State fee at cost. Same-day in DE, WY, NV, FL, TX. Other states in 5 to 15 business days.

3
Instant (US) / 4 days (intl) · We file

EIN from the IRS

Free, filed direct with the IRS. International founders without SSN: we fax Form SS-4 and get your EIN in 4 business days.

4
Same day · You + bank

Open business banking

Mercury, Relay, Chase, or Brex. Pre-filled with your formation documents. International-founder accounts at Mercury and Relay.

5
Ongoing · We track + file

Stay compliant

Annual reports auto-filed in all 51 jurisdictions. BOI tracking for foreign-owned entities. Penalty-free guarantee on Pro+.

$129/yr Compliance Annual Filings · penalty-free

On the $129/yr Compliance Annual Filings plan, we cover state late fees.

When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.

See compliance plans →
How it works

Four steps from request to delivery

File.Business runs your filing on a single concierge workflow. You provide what we need; we handle the rest.

1

Tell us what you need

2-minute intake. We confirm the filing type, jurisdiction, and any supporting documents required.

2

We prepare the filing

Our specialists draft the document, validate against state requirements, and queue for your review where required.

3

We submit to the state

Filed through the state portal. We pay the state fee, track the submission, and resolve any state correspondence.

4

Confirmation in your vault

state-required document delivered to your SOC 2 encrypted document vault, with deadline tracking for the next filing.

500K+
Filings completed
51 jurisdictions
All US states + DC tracked
SOC 2 secured
Encrypted document vault
99.6% on-time
Annual reports filed in window
$0 hidden fees
Flat-rate service pricing

Ready to get started?

File.Business handles formation, filings, registered agent service, and ongoing compliance across all 51 US jurisdictions on a single concierge platform.

File.Business is a private business filing and compliance service. We are not a government agency and are not affiliated with any Secretary of State office. You may file directly with the appropriate state agency. SOC 2 Type II audited. 220,000+ businesses formed since 2017.
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