I missed the S-Corp election deadline. Now what?
Late S-Corp elections are usually granted under Rev. Proc. 2013-30 if you file within 3 years and 75 days.
The S-Corp election (Form 2553) is normally due by March 15 of the year you want it to take effect (for calendar-year filers).
If you missed that date, the IRS has a relief mechanism: Rev. Proc. 2013-30. Late elections are granted if:
- You file Form 2553 within 3 years and 75 days of the intended effective date
- You have reasonable cause for the late filing
- The corporation has otherwise reported income consistent with S-Corp treatment
- All shareholders agree to the election
"Reasonable cause" is usually granted for missed elections due to advisor oversight, illness, or first-year confusion. We file these for $149 + the original $0 election fee. The IRS typically approves within 60 days.
If the deadline window has closed (more than 3 years and 75 days late), the election cannot be granted retroactively. You can still elect S-Corp going forward.
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Contact a specialistOn the $129/yr Compliance Annual Filings plan, we cover state late fees.
When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.