Form 2553 deadline: when the S-corp election is due
Reviewed by the Nexus by State research team against IRS forms, instructions and the Internal Revenue Code (sources below).
File Form 2553 any time during the tax year before the election should start, or no more than 2 months and 15 days after the start of the tax year it should take effect. For a calendar-year entity starting S status on January 1, 2027, the deadline is March 15, 2027.
The rule
Under IRC §1362(b)(1), an election for a tax year can be made at any time during the preceding tax year, or during the tax year itself on or before the 15th day of its third month. The Form 2553 instructions state it as: 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 preceding it.
How to count 2 months and 15 days
The 2-month period begins on the day of the month the tax year begins and ends with the close of the day before the same-numbered day two calendar months later. If that month has no such day, it ends on the last day of the month. The deadline is 15 days after that.
| Tax year begins | 2-month period ends | File by |
|---|---|---|
| January 1, 2027 | February 28, 2027 | March 15, 2027 |
| January 7 (IRS Example 1) | March 6 | March 21 |
| November 8 (IRS Example 3) | January 7 | January 22 |
| July 1, 2027 (fiscal year ending June 30) | August 31, 2027 | September 15, 2027 |
| January 1, 2028 (leap year) | February 29, 2028 | March 15, 2028 |
Filing early is allowed for an existing entity
An entity that already has a tax year can file during that year for the next one. Filing on October 27, 2026 for a January 1, 2027 start is timely. A brand-new entity cannot: it has no prior tax year, so an election made before its first tax year begins is not valid (the IRS Example 1).
Filing during the first 2½ months has one more condition
If you file after the year has started (but by the deadline), everyone who held stock at any time from the start of the year until the election must consent, and the entity must have met the S corporation tests on every one of those days. Otherwise the election is treated as made for the following year (IRC §1362(b)(2)).
Weekends and holidays
IRC §7503 treats an act due on a Saturday, Sunday or legal holiday as timely if done on the next day that is not one. March 15, 2026 was a Sunday, so the January 1, 2026 deadline moved to Monday, March 16, 2026. March 15, 2027 is a Monday. File early rather than rely on the extra day.
If you miss it
- An election filed after the deadline is treated as made for the following tax year (IRC §1362(b)(3)). If that is acceptable, enter the next tax year’s start on line E and file before its deadline.
- If you need S status from the earlier date, the IRS can treat a late election as timely for reasonable cause. Most small entities use Rev. Proc. 2013-30, available within 3 years and 75 days of the intended effective date.
Check your own dates in the free S-corp election checker: it applies these rules to your start date and filing date.