Title: Can I late-elect S-Corp for 2025 if I was a single-member LLC but didn’t run payroll or separate books?
Hi everyone — I’m trying to understand whether late S-Corp election relief might apply in my situation.
For 2025, my business was a single-member LLC. I did not file Form 2553 during 2025, so technically I was just operating as a default LLC (Schedule C).
Operationally:
- I did not run payroll
- I did not issue myself a W-2
- I basically just transferred money from the business account to my personal account
- I didn’t keep any special bookkeeping separating salary vs distributions
I recently learned about late S-Corp election relief under Rev. Proc. 2013-30, which seems to allow filing Form 2553 late in some situations.
My questions:
- Is it even realistic to late elect S-Corp for the 2025 tax year if I didn’t run payroll or treat myself as an employee during the year?
- Would the IRS generally require that I had already been operating like an S-Corp (payroll, officer compensation, etc.)?
- Or is it usually better to just file 2025 as Schedule C and elect S-Corp starting 2026?
Just trying to understand what’s possible before I talk to a CPA.
Thanks!
Can I late-elect S-Corp for 2025 if I was a single-member LLC but didn’t run payroll or separate books?
byu/Working-Cookie-8871 intax
Posted by Working-Cookie-8871
2 Comments
No
To make a retroactive S Corp election you have to had intention to make the S Corp election. You should have been taking payroll and acting like an S Corp. I’d say just realize 2025 income as a Sch C and file the 2553 with IRS and state if required for 2026.Get on it, you have until Monday for a timely filed 2553, send it certified.