S corp election deadline and late election checker.

The deadline, precisely

Form 2553 must be filed no more than 2 months and 15 days after the beginning of the tax year the election takes effect, or at any time during the preceding tax year. For a calendar-year corporation that means the election for 2026 is due by March 15, 2026, or any time in 2025. Section 1362(b) says the same in statutory terms: any time during the preceding year, or during the year on or before the 15th day of the 3rd month.

The calculator counts the period from your first day: it adds 2 months and 15 days and takes the day before, so a January 1 start gives March 15 and a start of March 10 gives May 24. If that date lands on a weekend or a federal or D.C. legal holiday, the act is timely if done on the next business day (section 7503). In 2026, March 15 is a Sunday, so the election deadline for a calendar-year corporation is Monday, March 16. Some guides print March 17; counting from the Sunday, the next business day is the 16th, not the 17th. A new corporation cannot elect before it exists, and an election filed before its first tax year begins is not valid.

If you are late

A Form 2553 filed after the deadline does not simply fail. Under section 1362(b)(3), a late election is treated as made for the following tax year, so the S status starts a year later than you wanted. In the meantime the corporation is taxed as a C corporation (or, for an LLC, as whatever it was).

The IRS can treat a late election as timely if there was reasonable cause (section 1362(b)(5)). The simplified route is Rev. Proc. 2013-30, with these conditions. You intended to be an S corporation from the effective date; you ask for relief within 3 years and 75 days after that date; the only reason for not qualifying is that the election was not filed on time; and you had reasonable cause and acted diligently once you found the mistake. You file a completed Form 2553 signed by an authorised officer and by every person who was a shareholder from the start of the year to the filing date, include statements that all shareholders reported income consistent with S status for every affected year, and write "FILED PURSUANT TO REV. PROC. 2013-30" at the top.

The 3-year-and-75-day limit is waived in one case, section 5.04: the corporation and all shareholders reported as an S corporation every year, at least 6 months have passed since the first year's return was filed, the IRS has not raised the S status within 6 months of the first Form 1120-S, and the required statements are included. Otherwise, past the window, the IRS instructions say a private letter ruling and user fee are generally required.

Worked examples

Filed in time. A calendar-year corporation files on March 10, 2026 for a January 1, 2026 start. The raw deadline is March 15, which is a Sunday, so it moves to March 16, 2026. The filing is timely, with 6 days to spare.

Late by months. The same corporation files on October 20, 2026. It missed the deadline by 218 days. Without relief the election would start January 1, 2027. Rev. Proc. 2013-30 relief for a January 1, 2026 effective date stays open until March 17, 2029.

New corporation. A corporation formed March 10, 2026 has a first tax year starting that day. The raw date is May 24, a Sunday, and May 25 is Memorial Day, so the calculator gives May 26, 2026.

Filed too early. Filing on March 1, 2026 for a January 1, 2026 start is fine for an existing corporation. For a brand-new corporation formed March 10, filing before it exists is invalid, and the calculator says so when you tick the new-corporation box.

Mistakes and edge cases

• Confusing the filing deadline with the 1120-S deadline. Form 2553 and Form 1120-S have different due dates.
• Missing a shareholder signature. Each shareholder must consent. Both spouses must consent when they have a community interest in the stock. For a late election, everyone who owned stock from the effective date through the filing date must consent.
• Ineligible corporation. The corporation must be domestic, have no more than 100 shareholders, one class of stock, and eligible shareholders (individuals, estates, certain trusts and exempt organisations; no nonresident aliens). No election cures an ineligible structure.
• Filing for the wrong tax year. If you file after the deadline without relief, the election starts next year.
• LLCs. An eligible entity that files Form 2553 is treated as electing corporate classification, per the Rev. Proc. definitions, so a separate Form 8832 is not normally needed for an on-time election. The relief rules for a late classification election are separate.
• Relief date on a weekend. The 3-year-and-75-day date is shown as computed. If it is a weekend, file before it to be safe.

Who this is for, and what it does not cover

It is for owners and bookkeepers of small corporations and LLCs checking Form 2553 timing. It does not decide whether an S election saves you tax, whether you qualify, or whether your reason counts as reasonable cause. It does not cover state S recognition, built-in gains tax, reasonable compensation, or revoking an election. Complex late-election cases can need a CPA or a private letter ruling.

FAQ

What is the deadline to file Form 2553?

No more than 2 months and 15 days after the beginning of the tax year the election takes effect, or at any time during the preceding tax year. For a calendar-year corporation, that is March 15 for the election to apply to that year, moved to the next business day if it falls on a weekend or holiday.

What happens if I file Form 2553 late?

Without relief, a late election generally takes effect for the following tax year. The corporation is taxed as a C corporation for the year you wanted S status.

How late can I file Form 2553 and still get relief?

Under Rev. Proc. 2013-30, you must ask for relief within 3 years and 75 days after the effective date, with reasonable cause and the required statements. There is an exception with no time limit when the corporation and all shareholders have consistently reported as an S corporation and other conditions are met.

What do I write on a late Form 2553?

Mark the top of the form "FILED PURSUANT TO REV. PROC. 2013-30", have an authorised officer and all required shareholders sign, and attach the reasonable cause statement and shareholder statements the revenue procedure describes.

Can I file Form 2553 before my corporation exists?

No. An election made before the corporation's first tax year begins is not valid. File once the corporation exists, within the 2 months and 15 days.

Where do I send Form 2553?

To the IRS service center for the corporation's location (Kansas City, Missouri or Ogden, Utah), or by fax. Certain late elections can be attached to Form 1120-S. Check the current instructions for addresses.

How long until the IRS confirms the election?

If you have not heard in 2 months, the Form 2553 instructions say to call 1-800-829-4933; they say 5 months if box Q1 was checked.

Do all shareholders have to sign Form 2553?

Yes. Every shareholder must consent, and both spouses must consent where there is a community interest in the stock. For a late election, everyone who owned stock from the effective date through the filing date must consent.

Sources

Retrieved 2026-10. Each link was opened and checked against the claim next to it.

• IRS: Instructions for Form 2553: the 2 months and 15 days rule, preceding-year filing, late election relief, eligibility, shareholder consent, where to file.
• 26 U.S.C. 1362(b): timing, the next-year rule for late elections, and relief for late elections with reasonable cause.
• Rev. Proc. 2013-30: 3 years and 75 days, general requirements, required statements, section 5.04 exception.
• Treas. Reg. 1.1362-6: how a month is counted for the election period, with a mid-month example (a year starting November 8 allows an election before January 23).
• 26 U.S.C. 7503: deadlines falling on a weekend or legal holiday move to the next business day.
• IRS: About Form 2553: the election form and its current version.