S-corp Election Deadline Guide (US)

If you are switching to an S-corp, the deadline is not flexible. The IRS rule is simple: file Form 2553 no later than 2 months and 15 days after the start of the tax year the election will take effect, or any time in the tax year before that year begins. (https://www.irs.gov/instructions/i2553)

Last reviewed: January 16, 2026.

Key takeaways

• The default S-corp election deadline is 2 months and 15 days after the tax year starts. (https://www.irs.gov/instructions/i2553)
• Calendar-year S-corps generally have a March 15 deadline. (https://www.irs.gov/instructions/i2553)
• Late-election relief may be available under specific conditions. (https://www.irs.gov/instructions/i2553)

What the deadline actually means

For a calendar-year business (tax year starts January 1), the 2 months and 15 days rule usually lands on March 15. (https://www.irs.gov/instructions/i2553)

If you are making the election effective for a future year, you can file any time in the tax year before that year starts. (https://www.irs.gov/instructions/i2553)

When late relief might apply

The IRS provides a relief process for late S-corp elections in specific situations. The instructions for Form 2553 outline how to request relief and which statement to include. (https://www.irs.gov/instructions/i2553)

What else needs to be aligned

The S-corp election deadline is separate from the S-corp tax return deadline. Form 1120-S is generally due the 15th day of the 3rd month after the end of the tax year. (https://www.irs.gov/instructions/i1120s)

Decision checklist

• Do you know the exact first day of the tax year the election should apply to?
• Do all shareholders consent and sign Form 2553?
• Are payroll and compensation plans ready for the effective date?
• Is your CPA aligned on the filing strategy and timeline?

Questions to ask your CPA

• What is the exact effective date we are using on Form 2553?
• Do we qualify for late-election relief if we miss the deadline?
• What payroll changes need to happen immediately after the election?

Related tools

• S-corp Reasonable Compensation Guide
• Estimated Tax Catch-Up
• Year-End Tax Projection
• Tax Optimization

Next step

Confirm the effective date you want, then have your CPA prepare and file Form 2553 with the shareholder signatures in place.

Compliance note

This guide is for planning and coordination only. It does not provide tax or legal advice. Confirm eligibility and deadlines with a qualified professional.

Sources

• IRS: Instructions for Form 2553 (S-corp election deadline and relief) https://www.irs.gov/instructions/i2553
• IRS: Publication 509 (2026), Tax Calendars (Form 2553 timing) https://www.irs.gov/publications/p509
• IRS: Instructions for Form 1120-S (S-corp return due date) https://www.irs.gov/instructions/i1120s