How to Change an LLC to an S Corp in Virginia?

Changing your LLC to an S corporation in Virginia doesn’t require forming a new entity. Instead, it’s a tax classification change with the IRS while your legal structure as an LLC remains the same.

Here’s how to convert your Virginia LLC to an S corp for tax purposes:

Step 1: Ensure Eligibility for S Corp Election

To qualify for S Corporation status, your LLC must:

  • Be a domestic entity
  • Have no more than 100 shareholders
  • Have only one class of stock
  • Shareholders must be U.S. citizens or residents
  • Not be an ineligible corporation (e.g., financial institutions, insurance companies)

Step 2: Obtain an EIN (if you haven’t already)

You’ll need a valid Employer Identification Number (EIN).

  • If your LLC already has one, you don’t need to reapply
  • Apply via IRS.gov if needed

Step 3: File IRS Form 2553

  • Submit Form 2553 – Election by a Small Business Corporation
  • Must be filed within 75 days of the start of the tax year you want S corp treatment
  • Can be filed electronically or by mail to the IRS

Step 4: Update Virginia Tax Accounts (if applicable)

Once the IRS approves your S corp election:

  • Contact the Virginia Department of Taxation to adjust your state tax treatment if needed
  • You may need to update payroll or withholding information

Step 5: Maintain Proper Recordkeeping

Although your LLC remains legally unchanged, your tax filings, payroll, and distributions will now follow S corp rules.

  • Consider consulting a CPA to manage reasonable salary requirements and distributions under the IRS rules

Changing from an LLC to an S corp in Virginia might lower your self-employment taxes if you do it the right way. For simple handling and good advice, work with One IBC USA, your reliable provider for business stuff and tax help.

=> Learn more: S Corp in Virginia: Building a Tax-Efficient Business in Virginia

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