S-corp election deadline checker
Enter the date your entity was formed (or the tax year you want the election to start) and see your Form 2553 deadline.
The S-corp election is one of the highest-value, lowest-effort filings in US small-business tax — and its deadline is the part everyone gets wrong.
The rule
Form 2553 is due within 2 months and 15 days of the start of the tax year the election takes effect. For a new entity, the clock starts at formation. For an existing calendar-year business electing for next year, that means roughly mid-March of the election year.
Missed it? Probably still fine
- Late-election relief (Rev. Proc. 2013-30) lets most businesses back-date the election up to 3 years and 75 days with reasonable cause.
- The relief statement is attached to Form 2553 or the first 1120-S — no separate ruling fee.
- "I didn't know about the deadline" plus consistent S-corp behavior is frequently accepted.
FAQ
Does my LLC need to become a corporation first?
No — an LLC can elect S-corp taxation directly on Form 2553. The legal entity stays an LLC.
What's a "reasonable salary"?
What you'd pay someone else to do your job — the IRS expects W-2 wages before distributions. Too low is the classic audit trigger.
Can non-resident owners elect S-corp?
No. S-corporations can't have non-resident alien shareholders — one of several eligibility rules to check first.
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