NSNexus by State

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.

Deadlines counted the way the Form 2553 instructions count them
Tax year begins2-month period endsFile by
January 1, 2027February 28, 2027March 15, 2027
January 7 (IRS Example 1)March 6March 21
November 8 (IRS Example 3)January 7January 22
July 1, 2027 (fiscal year ending June 30)August 31, 2027September 15, 2027
January 1, 2028 (leap year)February 29, 2028March 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.

Frequently asked questions

When is Form 2553 due for 2027?
For a calendar-year entity that wants S status from January 1, 2027, file any time during 2026 (if the entity already existed) and no later than March 15, 2027.
Can a new LLC file Form 2553 before it is formed?
No. An entity with no prior tax year cannot elect before its first tax year starts; an earlier election is not valid. File from the date it first has owners, assets or business, and within 2 months and 15 days of that date.
What happens if I file Form 2553 late?
Without relief, the election takes effect for the next tax year. Relief for reasonable cause under Rev. Proc. 2013-30 can make it effective for the year you intended, if requested within 3 years and 75 days and the other conditions are met.

Sources

  1. Instructions for Form 2553 (Rev. December 2020), Internal Revenue Service. Rev. December 2020 (for use with the December 2017 Form 2553). Retrieved .
  2. 26 U.S. Code § 1362 — Election; revocation; termination, Legal Information Institute, Cornell Law School. Retrieved .
  3. 26 U.S. Code § 7503 — Time for performance of acts where last day falls on Saturday, Sunday, or legal holiday, Legal Information Institute, Cornell Law School. Retrieved .