If I incorprated my entity as an S-Corp to begin with, do I still need to file 2553?

[carlhua]

Is S-corp election form 2553 needed if I incorporated my entity as a S-Corp to begin with?

[Carl]

No.

[carlhua]

what happens if I still accidentally filed one.... lol

[Carl]

It'll end up in file 13 at the IRS. So don't let it bother you.

[tagteam]

You must file Form 2553 to elect S corporation status, @carlhua.

The IRS even informs you accordingly when you apply for an EIN.

We must initially classify you as a regular corporation. In order to elect S corporation status for your organization, you will need to file Form 2553 (Election by a Small Business Corporation). Once that form has been approved, we will update your account.

See https://www.irs.gov/instructions/i2553#idm139855003794080

[Critter-3]

READ the IRS notice carefully ... when you applied for the S-Corp the IRS acceptance notice will tell you exactly what you need to do and when.   If you already made the S-corp election by filing the form 2553  then you do no need to also file it on the return.  If you do it is not a big deal, just overkill. 

[Mike9241]

didn't know it was possible to incorporate as an S-Corp rather than just a Corp for which filing form 2553 is required if you want to be taxed as an S-Corp

no harm should come from filing the form if it wasn't required. 

[Critter-3]

@Mike9241 

You can pick the S-corp option when getting the EIN however the acceptance  notice will say you need to file an 1120  AND make the S-Corp election  either before or with the first filing.  Before is always better but not required.  Folks need to ready the IRS acceptance notice so they know what forms they need to file and when including the payroll tax forms. 

[tagteam]

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@Mike9241 wrote:

didn't know it was possible to incorporate as an S-Corp rather than just a Corp for which filing form 2553 is required if you want to be taxed as an S-Corp

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Section 1361 of the Code defines an S corporation, not state law, and incorporation happens at the state, not federal, level after articles of incorporation are filed with the state, at which time the corporation is a C corporation until the shareholders file Form 2553 (and the IRS accepts it).