What is the normal deadline?
Form 2553 must be filed no more than 2 months and 15 days after the start of the tax year the election is to take effect, or at any time in the previous year. For a calendar-year business, that is March 15. See Form 2553.
Who qualifies for relief?
- The entity intended to be an S corporation from the effective date requested.
- It qualified to be an S corporation on that date, for example with eligible shareholders and one class of stock.
- It failed to qualify only because Form 2553 was not filed on time.
- It has reasonable cause for the late filing.
- The request is made within 3 years and 75 days of the intended effective date, with limited exceptions where all returns were filed as an S corporation.
How do you request relief?
Complete Form 2553
With the effective date you intended.
Write the header
"FILED PURSUANT TO REV. PROC. 2013-30" at the top.
Explain reasonable cause
A short statement of why the election was late and the steps taken once the error was found.
Get every shareholder's consent
Signed on the form, from everyone who owned shares at any time since the effective date.
File it
On its own, or attached to a late Form 1120-S where allowed.
What counts as reasonable cause?
Usually a brief, honest explanation: for example, that the owners relied on an adviser who did not file the form, or did not know the election had to be filed separately. The IRS grants most requests that meet the other conditions.
Why does consistent reporting matter?
The IRS expects the business and its owners to have reported, or to report, as if the S election had been in effect: Form 1120-S, owners' salaries through payroll, and K-1 income on owners' returns. If returns were filed as a sole proprietorship or partnership instead, they may need correcting. See S corp owner payroll.
What if relief is not available?
If more than 3 years and 75 days have passed, or another condition fails, the business can ask for a private letter ruling, which costs much more, or elect S status from a later year. See when an S corp election saves tax.
Missed your S corp deadline?
We prepare the late election with the reasonable cause statement, collect shareholder consents, and file it so S status applies from the date you intended.
Questions people ask
Can I file a late S corporation election?
Yes. Revenue Procedure 2013-30 gives simplified relief, generally within 3 years and 75 days of the intended effective date.
What do I write on a late Form 2553?
"FILED PURSUANT TO REV. PROC. 2013-30" at the top, with a reasonable cause statement.
What is reasonable cause for a late S election?
Usually a simple explanation, such as relying on an adviser or not knowing the form had to be filed separately.
What if it has been more than 3 years and 75 days?
Simplified relief may not be available; a private letter ruling or a later effective date may be needed.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- IRS Revenue Procedure 2013-30: late election relief
- IRS: Instructions for Form 2553
- IRS: About Form 2553
Rules and fees change. If you are reading this long after October 1, 2026, confirm the figures with the source before you rely on them.
Related guides
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This guide is general information. It is not tax or legal advice for your situation.