The normal deadline

To be effective for a tax year, Form 2553 generally must be filed within two months and 15 days after the start of that year (March 15 for a calendar-year business), or any time in the prior year.

Simplified late-election relief

Under Revenue Procedure 2013-30, the IRS generally grants late S elections when:

The late Form 2553 is filed with a reasonable-cause statement and the required notation referencing the revenue procedure. An LLC that never elected corporate status can generally elect S status in the same filing.

The state side

Frequently asked questions

Can I file a late S corporation election?

Often yes. Revenue Procedure 2013-30 provides simplified relief for late elections made within 3 years and 75 days of the intended effective date, with reasonable cause.

What counts as reasonable cause?

Common examples are relying on an advisor who failed to file or being unaware of the requirement. The statement must explain the facts.

What if it's been more than 3 years and 75 days?

Relief may still be available in some cases, but it may require a private letter ruling, which is slower and more expensive.

Do I need to make a New York election too?

Yes, if the business has New York filing obligations. New York requires a separate S election on Form CT-6.