S-Corp Election Deadline Calculator

March 15 of the tax year you want the election effective, or within 75 days (2 months and 15 days) of formation for new entities. For existing businesses, the March 15 deadline applies to elect S-corp status for that calendar year.

New LLCs and corporations can elect S-corp status up to 75 days (2 months + 15 days) after formation, with the election retroactive to the formation date. After 75 days, the election takes effect for the following tax year.

Rev. Proc. 2013-30 allows late S-corp elections with reasonable cause. You attach a statement to Form 2553 explaining the delay and certifying that the entity operated as an S-corp during the period in question. Many late elections are approved by the IRS.

All shareholders (or members for LLCs treated as corporations) must sign, along with an officer or authorized representative of the entity. If any shareholder has a spouse with community property rights, the spouse must also sign.

Yes. An eligible LLC that files a timely Form 2553 is treated as having elected to be taxed as a corporation, so a separate Form 8832 is generally not needed (Treas. Reg. § 301.7701-3(c)(1)(v)(C)). The LLC must still meet the S corporation rules, such as no more than 100 shareholders and only one class of stock.