TurboTax / Tax Calculators & Tips / All Tax Guides / Small Business Taxes / Can I Convert My LLC to an S-Corp When Filing My Tax Return?

Can I Convert My LLC to an S-Corp When Filing My Tax Return?

Updated for Tax Year 2016


OVERVIEW

Converting your LLC to an S-Corp when filing your tax return can be a complicated process, but it is possible. Find out how it can be done.


Converting your LLC to an S-Corp when filing your tax return can be a complicated process, but it is possible. You can submit the documents necessary to convert your LLC to an S-Corp for tax purposes along with your tax return. In some situations, your election to be taxed as an S-Corp might not be effective until the following tax year, so the rest of your tax return should reflect this fact if it applies. Also, filing with the IRS for treatment as an S-Corp does not change the fact that your business remains an LLC for all other purposes.

S-Corp qualifications

Before taking any action towards electing for S-Corp tax treatment by the IRS, the first step is to be sure your company can meet the S-Corp qualifying criteria. An S-Corp must have fewer than 100 owners. It must be a domestic company organized under the laws of one of the 50 states with no nonresident alien members, and none of the members can be other business entities except nonprofits classified under sections 401(a) or 501(c)(3) of the tax code. For more on qualifying as an S-Corp, see the instructions to Form 2553.

C-Corp election

The IRS applies default rules to determine how an LLC will be taxed. If your company qualifies for treatment as an S-Corp, the first step technically is filing Form 8832. This tells the IRS that you don't want your LLC taxed as a sole proprietorship or partnership under the default rules, but as a corporation. Unless you want to file as a C-Corp on the current or previous tax returns, you should file 8832 with your S-Corp election and indicate the first day of the tax year in which your S-Corp election can become effective as the effective date for the C-Corp election. This way, the IRS will continue to classify your company under the default rules until the tax year in which your S-Corp election becomes effective.

S-Corp election

To elect for S-Corp treatment, file Form 2553. You can make this election at the same time you file your taxes by filing Form 1120S, attaching Form 2533 and submitting along with your personal tax return. This must be done no more than six months from the date on which the tax return is due; be sure to mark the first date of the tax year as that of the year reflected in Form 1120S on line E of 2553.

Alternatively, you can make the election valid for the current tax year, which will be reflected in next year's return, by filing Form 2533 no more than two months and 15 days from the start of the company's tax year. All members of the LLC must consent to the election at the time of filing Form 2553 and sign the form.

Selecting your tax year type

Section F of Form 2553 allows you to select the type of tax year your S-Corp will use. You can select to use the calendar year or a 52 to 53 week year ending in December. But you can also select a tax year calculated from the date you assumed ownership of the company, called an ownership year, or another tax year based on the period when the company began conducting business in accordance with its Articles of Organization. If you select either of these types of tax year, you will have to complete Part II of Form 2553. See the instructions to the form for more information.

Whether you're filing taxes for an LLC, S-Corp or C-Corp, TurboTax Business can help with step-by-step guidance.

Perfect for independent contractors
and businesses

Find more tax deductions so you can keep more of the money you earn with TurboTax Self-Employed.

For only $114.99*
Start for Free

Looking for more information?

The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.


Security is built into everything we do
Here's how
* Important Offer Details and Disclosures
  • TURBOTAX ONLINE/MOBILE

  • Try for Free/Pay When You File: TurboTax online and mobile pricing is based on your tax situation and varies by product. Absolute Zero $0 federal (1040EZ/1040A) + $0 state offer only available with TurboTax Federal Free Edition; offer may change or end at any time without notice. Actual prices are determined at the time of print or e-file and are subject to change without notice. Savings and price comparisons based on anticipated price increase expected in March. Special discount offers may not be valid for mobile in-app purchases.
  • QuickBooks Self-Employed Offer with TurboTax Self-Employed: File your 2016 TurboTax Self-Employed return between 4/19/17 and 10/16/17 to receive your complimentary subscription to QuickBooks Self-Employed until 10/31/18. Activation by 12/31/17 required. Sign in to QuickBooks Self-Employed via mobile app or at https://selfemployed.intuit.com/turbotax; e-mail address used for activation and sign-in. Offer valid only for new QuickBooks Self-Employed customers. See QuickBooks.com for price comparison.
    • When you use TurboTax Self-Employed to file your 2017 taxes, you will have the option to renew your QuickBooks Self-Employed subscription. If you do not purchase TurboTax Self-Employed by 10/15/18, you will have the option of renewing your QuickBooks Self-Employed subscription by 10/31/18 for another year at the then-current annual subscription rate. You may cancel your subscription at any time from within the QuickBooks Self-Employed billing section.
  • Pays for itself (TurboTax Self-Employed): Estimates based on deductible business expenses calculated at the self-employment tax income rate (15%) for tax year 2016. Actual results will vary based on your tax situation.
  • Anytime, anywhere: Internet access required; standard message and data rates apply to download and use mobile app.
  • Fastest refund possible: Fastest tax refund with e-file and direct deposit; tax refund time frames will vary.
  • Pay for TurboTax out of your federal refund: $X.XX Refund Processing Service fee applies to this payment method. Prices are subject to change without notice.
  • TurboTax Expert Help, Tax Advice and SmartLook: Included with Deluxe, Premier and Self-Employed (via phone or on-screen); not included with Federal Free Edition (but available for purchase with the Plus bundle). SmartLook on-screen help is available on a PC, laptop or the TurboTax mobile app. TurboTax experts provide general advice, customer service and product help; tax advice provided only by credentialed CPAs, enrolled agents and tax attorneys. Feature availability varies by device. State tax advice is free. Service, area of expertise, experience levels, hours of operation and availability vary, and are subject to restriction and change without notice.
  • Tax Return Access, My Docs and My Analysis & Advice features: Access to all tax-related documents we have on file for you is available until you file your 2017 tax return or through 10/31/2018, whichever comes first. Terms and conditions may vary and are subject to change without notice.
  • #1 best-selling tax software: Based on aggregated sales data for all tax year 2015 TurboTax products.
  • Most Popular: TurboTax Deluxe is our most popular product among TurboTax Online users with more complex tax situations.
  • CompleteCheck: Covered under the TurboTax accurate calculations and maximum refund guarantees.
  • #1 rated online tax prep provider: Based on independent comparison of the best online tax software by TopTenReviews.com March 13, 2017.
  • TURBOTAX CD/DOWNLOAD SOFTWARE

  • TurboTax CD/Download products: Price includes tax preparation and printing of federal tax returns and free federal e-file of up to 5 federal tax returns. Additional fees apply for e-filing state returns. E-file fees do not apply to New York state returns. Savings and price comparison based on anticipated price increase expected in March. Prices subject to change without notice.
  • Fastest refund possible: Fastest tax refund with e-file and direct deposit; tax refund time frames will vary.
  • Pay for TurboTax out of your federal refund: $X.XX Refund Processing Service fee applies to this payment method. Prices are subject to change without notice. This benefit is available with TurboTax Federal products except TurboTax Business.
  • About our TurboTax Product Experts: Customer service and product support vary by time of year.
  • About our credentialed tax experts: Live tax advice via phone is included with Premier and Home & Business; fees apply for Basic and Deluxe customers. State tax advice is free. Service, experience levels, hours of operation and availability vary, and are subject to restriction and change without notice. Not available for TurboTax Business customers.
  • #1 best-selling tax software: Based on aggregated sales data for all tax year 2015 TurboTax products.
  • Data Import: Imports financial data from participating companies. Quicken and QuickBooks import not available with TurboTax installed on a Mac. Imports from Quicken (2015 and higher) and QuickBooks Desktop (2011 and higher); both Windows only. Quicken import not available for TurboTax Business. Quicken products provided by Quicken Inc., Quicken import subject to change.