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Reasonable causes are that your company's president, chief executive officer or similar responsible person neglected to file the election, or your corporation's tax professional or accountant neglected to do so.
A late election to be an S corporation generally is effective for the tax year following the tax year beginning on the date entered on line E of Form 2553. However, relief for a late election may be available if the corporation can show that the failure to file on time was due to reasonable cause.
Accepted Reasonable Causes Two acceptable reasonable causes are that your company's president, chief executive officer or similar responsible person neglected to file the election, or your corporation's tax professional or accountant neglected to do so.
Late S Corp Election, Oops. Form 2553 (the S Corp election form) must be filed with the IRS. It is typically due within 75 days of forming your business entity or March 15 of the following year.
You must file Form 2553 no later than two months and 15 days after the beginning of the tax year when you want the S Corp election to take effect.
Inadvertently failing to file Form 2553 is considered reasonable cause. The corporation must also provide statements that each of its shareholders have reported their incomes in a manner inconsistent with the corporation's intention to file as an S corporation.
Form 2553 must be filed before the 16th day of the third month of the corporation's tax year, or before the 15th day of the second month of a tax year if the tax year is 2½ months or less. You can also file the form at any time during the tax year before the year in which you want the election to take effect.
Complete and file Form 2553: 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 the tax year it is to take effect.
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