S Corp Election for an LLC: Form 2553 Deadline for 2027 and How to File

If your LLC uses the calendar year and you want S corp tax treatment starting January 1, 2027, file Form 2553 with the IRS by Monday, March 15, 2027. You can also file it any time during 2026, the tax year before the election takes effect.

The deadline is only part of the job. Every shareholder has to sign, the form has to go to the right IRS address or fax number, and you need proof that it arrived. In New Jersey, there are a few state steps too. This guide covers each one.

Key Takeaways

• For a calendar-year LLC, the Form 2553 deadline for a January 1, 2027 effective date is March 15, 2027. An existing LLC can also file any time in 2026.
• The deadline is 2 months and 15 days after the tax year begins. For a new business, the tax year starts when it first has owners, assets, or business activity, not on the formation date.
• There is no stand-alone online filing. New Jersey filers mail the original to Kansas City, MO 64999 or fax it to 855-887-7734.
• The IRS confirms acceptance with Form CP261. Keep that letter permanently.
• Missed the deadline? Rev. Proc. 2013-30 offers late relief within 3 years and 75 days of the intended effective date if you have reasonable cause.

Should your LLC elect S corp status at all?

An S corp election can lower self-employment tax once your profit is high enough to support a reasonable salary with profit left over. It also adds payroll and a separate Form 1120-S return. We worked through the numbers in our guide to LLC vs S corp taxes and when the election saves money, so this post assumes you've already decided and focuses on the filing itself.

Who can elect S corp status?

Form 2553 is the IRS form a corporation, or an entity eligible to be taxed as a corporation, uses to elect S corporation status. According to the IRS Instructions for Form 2553, the business must meet all of these tests:

• It is a domestic corporation, or a domestic entity eligible to elect to be treated as a corporation (an LLC qualifies here).
• It has no more than 100 shareholders.
• Its shareholders are only individuals, estates, certain trusts, or exempt organizations described in section 401(a) or 501(c)(3).
• It has no nonresident alien shareholders.
• It has only one class of stock. Differences in voting rights alone are ignored.
• It has or will have a permitted tax year.
• All shareholders consent to the election.

Some businesses can't elect at all. The instructions list banks and thrift institutions that use the reserve method of accounting for bad debts under section 585, insurance companies taxed under subchapter L, and current or former domestic international sales corporations (DISCs).

Your LLC doesn't need Form 8832

A common question is whether an LLC must first file Form 8832 to be treated as a corporation. It doesn't. The IRS instructions say an LLC that files a timely Form 2553 and meets the tests above will be treated as a corporation as of the effective date of the S election and doesn't need to file Form 8832.

When is the Form 2553 deadline?

The election must be filed no more than 2 months and 15 days after the beginning of the tax year it is meant to take effect, or at any time during the tax year before. That rule comes from the IRS instructions and from Internal Revenue Code section 1362.

How the "2 months and 15 days" count works

The IRS counts the 2 months from the day of the month your tax year begins. The period ends the day before the same-numbered day 2 months later. If there is no such day, it ends on the last day of the month. Then you add 15 days.

For a calendar year starting January 1, 2027, the 2-month period runs through February 28, 2027. Add 15 days and you reach Monday, March 15, 2027.

When does a new LLC's tax year begin?

For a new entity, the tax year begins on the earliest of these dates:

• The date it first had shareholders (owners)
• The date it first had assets
• The date it began doing business

This is not necessarily the date you formed the LLC with the state. You may have heard that you have "75 days from formation" to file. That shortcut is wrong on two counts. The clock starts with the tax year, not the formation paperwork, and the period is 2 months and 15 days, which does not map to a fixed number of days.

One more catch: an election filed before a new corporation's tax year begins isn't valid. A brand-new LLC should file once its tax year has started.

Deadline examples

What if you file late without relief?

A late election doesn't simply fail. Under section 1362(b)(3), it is treated as made for the following tax year. If you meant to start in 2027 and file late without relief, your S status would start in 2028. The relief options are covered further down.

How do you file Form 2553?

Most filers mail or fax the signed original. Here are the steps.

1. Complete the form. Fill in the business details, the effective date you want, and the tax year. Use the IRS instructions as you go.
2. Get every shareholder's signature. The IRS says each shareholder consents by signing and dating either in column K or on a separate consent statement. If a shareholder's stock is community property, both spouses must consent. (Rev. Proc. 2004-35 provides relief in some cases where a spouse's consent was missed.)
3. Send the original by mail or fax. The IRS wants the original, not a photocopy. You can mail it, use an IRS-designated private delivery service, or fax it.
4. Keep proof of filing. A certified mail receipt, an IRS received stamp, or the IRS acceptance letter all count as proof.

Where to file Form 2553

The IRS where-to-file page for Form 2553 splits filers into two groups.

Can you file online?

Not on its own. The IRS has no stand-alone online filing for Form 2553. The one electronic route is attaching it to a timely e-filed return. In that case, the IRS page on filing requirements for a filing status change says the form must be a PDF named "Form2553.pdf". For most new LLCs electing for 2027, mail or fax is the practical choice.

What happens after you file?

The IRS generally makes a determination within 60 days. If you haven't heard back within 2 months of filing, call the IRS at 1-800-829-4933. If you checked box Q1 on the form, wait 5 months before calling.

Form CP261 is the IRS notice that confirms your election. It states, "We've accepted your S Corporation election per Form 2553." The IRS page on understanding your CP261 notice says to keep it permanently. If your business is in New Jersey, you'll also upload a copy to the state, as explained below.

What if you missed the S corp election deadline?

You may qualify for late relief under Rev. Proc. 2013-30. It lets many businesses fix a late Form 2553 without a private letter ruling. The main steps are:

• Timing. Request relief within 3 years and 75 days after the date you wanted the election to take effect.
• Reasonable cause. Explain why the filing was late, either on line I of Form 2553 or in a separate statement.
• Header. Write "FILED PURSUANT TO REV. PROC. 2013-30" at the top of the form.
• Attaching to a return. If all earlier Form 1120-S returns have been filed, you can attach the late election to the current Form 1120-S. Write "INCLUDES LATE ELECTION(S) FILED PURSUANT TO REV. PROC. 2013-30" at the top of that return.
• Shareholder statements. Include statements from shareholders that they reported their income consistently with S corp status.

Section 5.04 of the procedure removes the time limit in a narrow case. All of these must be true: the only problem was the late Form 2553, everyone reported consistently with S status, at least 6 months have passed since the first return was filed, and the IRS hasn't sent a notice about the problem.

If you don't fit the procedure, the remaining route is a private letter ruling, which carries an IRS user fee.

Missing shareholder consents or a missing officer signature is a different problem. Rev. Proc. 2022-19 gives ways to fix those.

Do you need to file anything with New Jersey?

Yes, but not a separate election. Under the New Jersey Division of Taxation S corporation FAQ (updated 02/20/26), a federal S corporation is automatically treated as a New Jersey S corporation for privilege periods beginning on or after December 22, 2022.

To make that work, take these steps:

1. Register with DORES as a corporation. The entity must be registered with the Division of Revenue and Enterprise Services (DORES) as a corporation. If your LLC is registered under another ownership type, change the ownership type first.
2. Upload your CP261. Submit a copy of the federal approval letter during registration. You can also submit it with Form CBT-100S or through the DORES S Corporation Election system.
3. File the Shareholder Jurisdictional Consent. This goes in through NJ-REG, Form CBT-100S, or DORES.

If you don't want New Jersey S status, you can opt out by making a C Corporation Tax Status Election. It needs the consent of 100% of shareholders and must be made by the original or extended due date. There is no separate form.

Some older DORES guidance still says federal S status doesn't flow through to New Jersey. That page is out of date. The Division of Taxation FAQ above reflects the current rule.

What changes after the election?

Once the election is in place, your LLC follows S corp rules for payroll and returns.

• Reasonable salary through payroll. The IRS says an S corp must pay owner-employees reasonable compensation before taking non-wage distributions. That means running payroll for yourself.
• Form 1120-S. Under the Instructions for Form 1120-S, the return is due by the 15th day of the 3rd month after the tax year ends. For a calendar year, that's March 15. Your first return for 2027 would be due March 15, 2028.
• Schedule K-1. The S corp gives each shareholder a K-1 showing their share of income and deductions.

Our list of small business tax deadlines for 2027 puts these dates on one calendar.

Revoking the election

You can revoke S status later with the consent of shareholders holding more than half of the shares, under section 1362(d)(1)(B). Under section 1362(g), once an election is revoked or terminated, you generally can't elect again until the 5th tax year after, unless the IRS consents.

How Asquaire can help

Our team can help you decide whether an S corp election makes sense for your LLC and keep your books and payroll records S-corp ready. If you haven't formed your business yet, our LLC formation service starts from $149 plus the state fee. When it's time for your return, our business tax preparation service starts from $650 per return. Our founders are ACCA-qualified with Big Four experience. We are not a CPA firm. To stay ready all year, our monthly bookkeeping checklist shows the records an S corp needs to keep current.

Frequently asked questions

What is the Form 2553 deadline for 2027?

Monday, March 15, 2027 for a calendar-year LLC. A new LLC counts from its own tax-year start (see the deadline section above).

Can I file Form 2553 online?

No, not as a stand-alone filing. You mail or fax the signed original. The only electronic route is attaching it as a PDF named "Form2553.pdf" to a timely e-filed return.

What is the Form 2553 fax number for New Jersey?

New Jersey businesses fax Form 2553 to 855-887-7734. The mailing address is Department of the Treasury, Internal Revenue Service, Kansas City, MO 64999.

What if I missed the S corp election deadline?

Without relief, the election applies to the next tax year. With reasonable cause, Rev. Proc. 2013-30 lets you request late relief within 3 years and 75 days after the intended effective date. A private letter ruling is the fallback.

Do I need to file anything with New Jersey?

No separate election. See the three New Jersey steps above.

Next steps for a 2027 S corp election

If you've decided to elect for 2027, the simplest path is to file Form 2553 before year-end or as soon as your tax year starts, get every signature, and keep proof until your CP261 arrives. Our year-end tax planning checklist for 2026 covers other moves to make before December 31.

Want help deciding whether the election fits your numbers? Contact our team to talk it through.

This article is general information, not tax advice for your situation.