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S Corp Election Deadline for a New LLC (Form 2553)

· By the UncoveredList Team

Short answer: For the S corp election to take effect in a new entity's first tax year, Form 2553 generally has to be filed no later than 2 months and 15 days after the start of that tax year, according to the IRS instructions for Form 2553. An election filed late can still get relief if the business shows reasonable cause, generally within 3 years and 75 days of the intended effective date.

This guide explains the S corp election deadline for a new LLC or corporation using the IRS Instructions for Form 2553. It is for accountants, bookkeepers and payroll firms who work with new businesses. Whether an S corp election is right for a business is a tax decision for that business and its CPA. This page is not tax advice.

What is the Form 2553 deadline?

The IRS says to file Form 2553 either:

  • no more than 2 months and 15 days after the beginning of the tax year the election is to take effect, or
  • at any time during the tax year before the year it is to take effect.

For a brand-new entity, the IRS says the first tax year begins on the earliest of: the date it first had shareholders (owners), the date it first had assets, or the date it began doing business. That date isn't necessarily the state filing date.

Most top-ranking pages describe the March 15 deadline for calendar-year businesses. A new entity has its own clock. The IRS counts the 2 months from the day the tax year begins, then adds 15 days. IRS Example 1: a tax year beginning Jan. 7 has a window ending March 21. Example 3: a tax year beginning Nov. 8 has a window ending Jan. 22. An election filed before the first tax year begins isn't valid. According to the IRS instructions, an entity eligible to elect to be treated as a corporation that meets certain tests is treated as a corporation as of the S election's effective date and doesn't need to file Form 8832.

How to work out the window

  1. Find the effective date the business wants. It goes on line E of Form 2553.
  2. Count 2 months and 15 days from the start of that tax year. That is the general deadline.
  3. Check eligibility first. The IRS instructions list who may elect, such as shareholder limits and one class of stock.
  4. Confirm all shareholder consents are signed as the instructions require.
  5. Watch for the IRS response. If the entity hears nothing within 2 months of filing (5 months if box Q1 is checked), the IRS says to follow up at 1-800-829-4933.

Timing at a glance

Election for the first tax year
Rule from the IRS instructions
File no more than 2 months and 15 days after that tax year begins
Election for next year
Rule from the IRS instructions
File any time during the year before
Missed the deadline
Rule from the IRS instructions
Late-election relief may be available with reasonable cause
Window for late-election relief
Rule from the IRS instructions
Generally within 3 years and 75 days of the line E effective date
No IRS notice after filing
Rule from the IRS instructions
Follow up after 2 months (5 months if box Q1 is checked)

Source: IRS Instructions for Form 2553.

Why this matters for reaching new businesses

The window opens at formation and closes within weeks, so an owner who wants the election needs a tax professional early. A new filing is the earliest public sign that the clock has started. UncoveredList's accountant list includes an "S-corp election window" flag. It's calculated only from the formation date and entity type. We don't know whether a business has elected or whether it's eligible. The data comes from official Colorado, New York, Pennsylvania and Connecticut state filings, and from new Texas sales tax permits issued by the Texas Comptroller. For recent formations by city and industry, see Denver professional services, Brooklyn professional services or the hub. See UncoveredList for accountants and the new LLC state deadlines guide.

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FAQ

What is the S corp election deadline for an LLC?

Form 2553 is generally due no more than 2 months and 15 days after the start of the tax year the election should take effect. It can also be filed any time in the preceding tax year.

When does a new LLC's first tax year begin for Form 2553?

On the earliest of the date it first had owners, first had assets, or began doing business, according to the IRS Form 2553 instructions.

Can you file Form 2553 late?

Possibly. The IRS may grant late-election relief if the entity had reasonable cause and reported income consistently. Relief generally must be requested within 3 years and 75 days of the intended effective date.

Does an LLC need Form 8832 to elect S corp status?

Per the IRS instructions, an eligible entity that meets certain tests and files Form 2553 doesn't need to file Form 8832. A CPA should confirm this for a specific case.

How long does the IRS take to accept Form 2553?

The IRS says to follow up if you haven't heard within 2 months of filing, or within 5 months if box Q1 is checked.

Sources

Sources checked November 2, 2026. Insurance requirements vary by state, city and situation; this guide is general information, not legal or underwriting advice.