A calendar-year corporation formed in 2024 wants S status starting January 1, 2025. March 15, 2025 fell on a Saturday. By what date must it have filed Form 2553 for the election to be timely?
To be effective for a tax year, Form 2553 must be filed no more than 2 months and 15 days after the beginning of that year (or at any time in the prior year). For a calendar year that is March 15; in 2025 March 15 fell on a Saturday, so the deadline moved to Monday, March 17, 2025. A late election can still get relief under Rev. Proc. 2013-30 within 3 years and 75 days. Source: IRC 1362(b)(1); Form 2553 instructions, When To Make the Election; IRC 7503. Tax year: 2025 (law as of 31 Dec 2025).
Using the individual return due date for the S election.
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