Late Election for an LLC Using Revenue Procedure 2013-30

If an LLC misses the deadline to file Form 2553 to elect S corporation status, it may still be possible to make a late election—including a late entity classification election—if the entity can demonstrate that the failure to file on time was due to reasonable cause. To qualify for retroactive relief, the request must be submitted within 3 years and 75 days from the effective date specified on Line E of Form 2553.

Summary of Late S Election for an LLC

  1. Submit two signed copies of a newly prepared Form 2553, including statements from all shareholders confirming the requested effective date through the date of filing:
    • One copy should be filed with the Form 1120S.
    • One copy should be sent directly to the IRS.
    • Both copies must be clearly marked at the top: “Filed Pursuant to Rev. Proc. 2013-30.”
    • An officer of the company must sign the form.
  2. Submit two copies of Form 8832 (Entity Classification Election):
    • One copy filed with the Form 1120S.
    • One copy sent directly to the IRS.
    • Both copies should be marked at the top: “Filed Pursuant to Rev. Proc. 2009-41.”
  3. Follow the detailed instructions provided below. Form 2553 already includes the necessary shareholder (member) statements.