S-Corp Election Deadline

The deadline to elect S-Corporation tax treatment depends on whether your business is newly incorporated or is in its second (or later) tax year.

For a New Business

A corporation or LLC must file an S-Corp election within two months and 15 days (~75 days total) of the date of formation for the election to take effect in the first tax year.

Example: Your articles of formation was filed on August 21st. Two months later is counted to the numerically corresponding day of October 21st. Add 15 days to get November 5th. Your S-Corp election must be filed by November 5th to take effect in your first tax year.

For an Existing Business

To make an election in subsequent years, you may file the election at any point from the first day of your preceding tax year up to two months and 15 days after the start of the applicable tax year. Note that conversion of your tax structure can have complex tax implications; consult your tax professional for personalized advice.

Example: Your business follows a calendar tax year of January 1st to December 31st. You wish to elect S-Corp tax treatment starting with business tax year 1/1/2015-12/31/2015. Your window to file the election is 1/1/2014 - 3/15/2016.

For more detailed information on these rules and relief for late election, please see Instructions for Form 2553

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