Terms of Service | FileMyScorp

1. About this service

FileMyScorp (“we,” “us,” or “FileMyScorp”) is operated by MI Tax LLC dba FileMyScorp. We are a filing-delivery and tracking tool for IRS Form 2553, “Election by a Small Business Corporation.” We prepare the form from information you supply, route it through the shareholder signing portal, fax it to the IRS, and/or send a USPS Certified Mail backup with full tracking — pricing depends on the delivery channel you select ($49 fax-only, $50 certified-mail-only, or $99 for both). Late-election narratives under Rev. Proc. 2013-30 are included at no extra charge.

The portal exists so you don't have to manually fax the form, drive to the post office for certified mail, and chase down confirmation numbers on your own. We deliver and we track; that's the service.

We are not affiliated with the Internal Revenue Service or any government agency. We do not provide legal, tax, or financial advice. Your filing is subject to IRS review and acceptance.

2. Service limitations

FileMyScorp is built for the most common S Corp election case: a calendar-year corporation with 25 or fewer shareholders filing under Form 2553 Part I (and, if late, Part I + Section I reasonable-cause statement under Rev. Proc. 2013-30).

The following filings are out of scope and cannot be processed through this service:

Fiscal-year S Corp elections. Most S Corps use the calendar year (January 1 – December 31). A fiscal-year election requires Form 2553 Part II — Section P (business-purpose tax-year request), Section Q (§444 election with Form 8716), or Section R (fiscal-year ruling) — which involve additional IRS rules, user fees, and out-of-scope filings. Our intake form blocks fiscal-year selections from proceeding.
More than 25 shareholders. Our service caters to small corporations with up to 25 shareholders per filing — Form 2553 itself supports up to 100 (using Item G family-attribution rules) but our automated multi-page continuation handling caps at 25. If you have more, please consult a tax professional or email info@filemyscorp.com.
Form 2553 Part III (Qualified Subchapter S Trust election). If any shareholder is a QSST and a QSST election is needed concurrently with the S Corp election, we cannot process that filing.
Form 2553 Part IV (Late Corporate Classification Election Representations). Used when an entity is also requesting late classification as a corporation under Rev. Proc. 2013-30 §4.02. Out of scope for this service.
State-level S elections. Most states honor the federal S Corp election automatically. New York, New Jersey, Arkansas, Ohio, and Wisconsin require a separate state-level filing. We do not handle state filings; we provide a free state-filing guide on request.

If your filing falls into any of the categories above, please consult a tax professional or email info@filemyscorp.com and we'll refer you out.

3. Customer responsibilities

You are responsible for the accuracy and completeness of every piece of information you provide, including business name, EIN, addresses, shareholder identities, SSNs, percent ownership, and effective date. We prepare Form 2553 verbatim from the data you submit. We do not independently verify EIN issuance, shareholder eligibility, or tax-year computations.

You are responsible for ensuring your corporation is eligible for S Corp status under Internal Revenue Code §1361 — including shareholder eligibility, single class of stock, and U.S. domesticity requirements.

You should consult your accountant or tax advisor before filing this election. Determining whether the S Corp election is appropriate for your business — and identifying any C-to-S transition obligations — is outside the scope of this service.

4. C Corporation to S Corporation transitions

Filing Form 2553 elects S Corp status going forward. It does not retroactively change your corporation's prior tax classification. If your corporation has been filing as a C Corporation, the C Corp tax obligations for any period before the S election effective date still apply, including but not limited to:

A final short-period Form 1120 (C Corporation Income Tax Return) covering the period from the start of the corporation's tax year up to the day before the S election effective date.
Built-in gains (BIG) tax under IRC §1374 on appreciated assets held at the time of conversion, if triggered during the recognition period.
LIFO recapture tax under IRC §1363(d) if the corporation used LIFO inventory accounting as a C Corp.
Accumulated earnings and profits from C Corp years, which affect future distribution treatment.
Any state-level C-to-S transition filings or notifications required in your state.

Example: A corporation incorporated on June 1 with a fiscal year ending May 31, electing S Corp status effective January 1 of the following year, still owes a final short-period Form 1120 for the period from June 1 through December 31. The 1120-S filings begin on January 1.

FileMyScorp does not prepare, calculate, or track C Corp returns, BIG tax, LIFO recapture, accumulated E&P, or any other C-to-S transition items. By using this service, you acknowledge these obligations remain your responsibility and confirm you have the assistance of a qualified accountant or tax advisor to handle them. If you're unsure whether any of these apply to you, do not file until you've consulted an accountant.

5. Pricing & payment

Pricing is a flat platform-usage fee per filing, based on the delivery channel(s) you select:

$49 — fax to the IRS service center only
$50 — USPS Certified Mail with Return Receipt only
$99 — both channels (recommended for proof of timely filing)

The same pricing applies to on-time elections and late elections filed under Rev. Proc. 2013-30. Payment is collected at the time of filing via our payment processor.

6. Refund policy

Before submission to the IRS: If you cancel your filing before we have faxed or mailed it to the IRS, you are entitled to a full refund. Email info@filemyscorp.com to request the cancellation.

After submission to the IRS: Once your Form 2553 has been faxed or mailed, the filing is complete on our end and refunds are not available.

If we made an error in preparation that causes the IRS to reject the filing, we will refile at no additional charge once you provide any corrected information we need.

If the IRS rejects the filing for reasons unrelated to our preparation (ineligibility, incomplete information you supplied, etc.), refiling is at our standard rate.

7. No legal, tax, or financial advice

FileMyScorp is a self-service filing tool. We do not provide legal advice, tax planning, or financial advice. The information on this site, in our intake form, in our generated forms, and in any communications from us is provided for informational purposes only and should not be relied on as professional advice. Please consult a licensed CPA, tax attorney, or other qualified professional for advice specific to your situation.

8. Limitation of liability

To the maximum extent permitted by law, FileMyScorp's total liability arising out of or relating to your use of the service shall not exceed the fee you paid for the filing in question. We are not liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost tax savings, IRS penalties, or interest charges arising from rejection of an election we prepared.

9. IRS acceptance & timing

The IRS typically issues Notice CP261 (S Corp acceptance letter) within 30–60 days of receiving Form 2553. Acceptance timing is entirely within the IRS's control and is not guaranteed by FileMyScorp.

10. Service availability

FileMyScorp is a web-based service that depends on third-party infrastructure (hosting, database, fax, certified-mail, and payment providers). We make reasonable efforts to keep the service available, but we do not guarantee uninterrupted access. Scheduled maintenance, third-party outages, force majeure events, and brief downtime for deployments may make the service temporarily unavailable. Filings already in flight at the time of an outage are queued and processed when service resumes; if an outage delays a time-sensitive filing past your deadline, we will work in good faith to file it as a late election under Rev. Proc. 2013-30 at no additional charge.

11. Educational content

Our blog, pricing pages, eligibility checker, and any explanatory text in the intake form are provided for general informational purposes only. They are not legal, tax, or financial advice and should not be relied on as a substitute for advice from a licensed CPA, EA, tax attorney, or other qualified professional. Tax law changes, and your specific facts may produce different outcomes than the general examples we discuss. Always confirm the applicability of any information to your situation with a qualified professional before acting on it.

12. Modifications to terms

We may update these terms periodically. Material changes will be reflected in the “Last updated” date at the top of this page. Continued use of the service constitutes acceptance of the updated terms.

13. Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws provisions. Any dispute arising out of or relating to these terms or the service shall be resolved in the state or federal courts located in Nassau County, New York.

14. Confidentiality & your tax information

FileMyScorp is operated by a licensed tax practice (MI Tax LLC), so your tax information is protected under Internal Revenue Code §7216 and Treasury Regulation § 301.7216. We use your tax-return information only to prepare and file your Form 2553 with the IRS, and we will not disclose it to any third party for any other purpose without your separate written consent — except to the service providers necessary to deliver this service (who operate under the exceptions in Treas. Reg. § 301.7216-2) or where required by law.

You can access or permanently delete your data at any time from your Account & Privacy page. See our Privacy Policy for full detail on how we collect, use, retain, and protect your information.

15. Contact

Questions about these terms? Email info@filemyscorp.com or visit our contact page. Legal notices may be sent by mail to:

MI Tax LLC dba FileMyScorp
293 Castle Ave, Suite B
Westbury, NY 11590