Form 2553

Form 2553 is the IRS election form a qualifying corporation uses to choose S corporation tax status (subject to eligibility rules and ongoing requirements). In startup structuring, Form 2553 is sometimes considered for tax reasons, but many VC-backed companies avoid S corp status due to investor eligibility constraints and the need for flexible equity issuances.

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Ryan Roberts Startup Lawyer
Ryan Roberts is a startup lawyer with more than two decades of experience advising on venture financings and M&A transactions totaling more than $1 billion. He is the author of the Amazon bestselling startup law book Acceleration.