S-corp election timing
To have S-corporation status apply to a tax year, file IRS Form 2553 no more than 2 months and 15 days after that tax year begins (or any time in the prior tax year). For a calendar-year company with a January 1 start, that is March 15. The IRS counts the 2 months from the start day and then adds 15 days.
Verified against the Florida Division of Corporations on Oct 21, 2026
- Confirm the entity is eligible to be an S corporation.
- Identify the first day of the tax year the election should start.
- Calculate the 2 months and 15 days deadline.
- Collect every shareholder's consent and signature.
- File Form 2553 and keep the IRS acceptance letter.
| Tax year begins | 2-month period ends | Form 2553 deadline |
|---|---|---|
| January 1 (prior tax year) | February 28 | March 15 |
| January 7 (no prior year) | March 6 | March 21 |
| November 8 (short year) | January 7 | January 22 |
- File no more than 2 months and 15 days after the beginning of the tax year the election is to take effect. Official source
- The 2-month period ends the day before the numerically corresponding day of the second month (or the month's last day). Official source
- Late-election relief may be requested within 3 years and 75 days with reasonable cause. Official source
Corp USA is not a law firm and does not provide legal, tax, or accounting advice. We are a document filing service. Use of this site does not create an attorney-client relationship. For legal advice, consult a licensed attorney.
Is there a state fee for an S-corp election?
No Florida filing is involved; Form 2553 is filed with the IRS.
What if I missed the deadline?
The IRS offers late-election relief in some cases with reasonable cause. Ask a tax professional.
Can an LLC file Form 2553?
An eligible LLC can elect to be treated as an S corporation. Confirm eligibility with a tax professional.