Form 2553: how a nonresident alien shareholder affects an S election

· 1 min read

The IRS lists the absence of nonresident alien shareholders among the general S corporation eligibility requirements. A domestic LLC considering Form 2553 should check the status of each actual shareholder before choosing the election and effective date.

What to check

The IRS instructions include a narrow rule for potential current beneficiaries of an electing small business trust (ESBT). Review that rule separately if a trust is involved. For a direct individual owner, determine U.S. tax residency using the applicable federal rules and document the ownership and consents relevant to the election.

Example

A domestic LLC has one direct individual owner who is a nonresident alien for U.S. tax purposes. The LLC identifies the shareholder restriction before filing Form 2553 and reviews the entity's existing tax classification.

Before you proceed

  • Identify every direct shareholder
  • Verify federal tax residency
  • Check the election instructions and consents

Does having an EIN make an LLC eligible for S corporation status?

An EIN identifies the entity. Form 2553 has separate eligibility and consent requirements.

Related guides

Official sources

  1. Internal Revenue Service
  2. Internal Revenue Service