An eligible corporation or entity can elect to be an S Corporation by filing Form 2553 with the Internal Revenue Service. Within 60 days of filing Form 2553, the IRS will send the corporation a ruling letter that states whether its election to be an S Corporation has been approved or rejected. If approved, a corporation needs to keep a copy of its filed Form 2553 in its company records since the corporation will need the form to file its taxes. If the corporation misplaces its Form 2553, it must request a copy from the IRS.
Call the IRS's Business & Specialty Tax Line at 800-829-4933. As of July 2012, the hours of operation are 7:00 a.m. - 7:00 p.m., Monday through Friday.
Read More: Can an LLC File a 2553?
Request a copy of Form 2553 from the IRS service representative. The service representative will ask you for identifying information, including the corporation's name and address, and your name and position within the corporation, Employee Identification Number (EIN), contact number and fax number. You must be a person authorized to transact business on behalf of the corporation, such as a corporate officer, to receive a copy of Form 2553. The IRS can either fax or mail you a copy of the corporation's Form 2553.
Promptly file your new copy of Form 2553 with the other corporate records for safekeeping.
Do not contact the IRS for a copy of Form 2553 until two months have passed since the form was first filed. If the corporation checked Box Q1 on Form 2553, do not contact the IRS for a copy of Form 2553 until five months have passed since the form was first filed.
The IRS might question whether Form 2553 was filed. If this happens, you must provide proof of filing. Acceptable proof of filing includes a certified or registered mail receipt timely postmarked from the U.S. Postal Service, or its equivalent from a designated private delivery service; or an IRS letter stating Form 2553 has been accepted.
Lisa S. Kramer is a licensed attorney practicing civil litigation and estates and trusts law in southern Florida. She received her Bachelor of Arts in English from the University of Florida, where she graduated Phi Beta Kappa and cum laude. Kramer earned her Juris Doctor from the University of Florida Levin College of Law.