CBT-2553-R: Retroactive S Election Application (Revision)

New Jersey · NJ Division of Taxation · Used for tax years 2025

Form CBT-2553-R asks New Jersey to accept an S corporation election after the normal deadline, so the corporation is treated as a New Jersey S corporation from an earlier date.

Who files this form

Corporations seeking New Jersey S corporation status must apply and receive approval. Federal S corporation status does not automatically carry over to New Jersey.

The supplied text describes the general New Jersey S corporation election process. It does not identify separate eligibility rules for a retroactive election.

When it's due

For this 2025 edition, the text gives this filing example: an election for a fiscal period beginning July 1 must be filed by October 15.

The supplied text does not state a separate deadline for a retroactive election.

What you'll need

The text lists these requirements for a New Jersey S corporation election:

  • Apply for S corporation status with the Internal Revenue Service.
  • Be fully registered with the NJ Division of Revenue and Enterprise Services.
  • Have a Certificate of Incorporation or a Certificate of Authority to do business in New Jersey.
  • Obtain every shareholder's consent to the election.

It does not provide a separate document checklist for a retroactive election.

How to file

File a New Jersey S Corporation Election using the online SCORP application after applying for federal S corporation status and completing the required New Jersey registration.

The supplied text does not provide a mailing address or separate filing steps for CBT-2553-R.

Common mistakes

  • Assuming federal approval is enough. You must also file for New Jersey S corporation status and receive approval. Without both, New Jersey treats your filings as those of a standard C corporation, with the applicable rates.
  • Leaving out a shareholder's consent. Every shareholder must consent to the election.
  • Overlooking authorization for an out-of-state corporation. Out-of-state corporations must be authorized to do business in New Jersey.

Questions people ask

Does federal S corporation status automatically apply in New Jersey?

No. You must apply for New Jersey S corporation status and receive approval.

Must all shareholders consent?

Yes. Every shareholder must consent to the election.

How long can the corporation keep its New Jersey S corporation status?

Once the election is made and accepted, the corporation may remain a New Jersey S corporation as long as it is a federal S corporation.

How can the corporation revoke its election?

File a revocation letter with the NJ Division of Revenue and Enterprise Services through the online SCORP application, along with a copy of the original election form. The letter must be signed by shareholders holding more than 50% of the outstanding shares on the day of revocation. It must be filed on or before the last day of the first tax year of the election.

Official sources

All versions of CBT-2553-R