SCorpDesk

Filing guide

Late S-Corp Election After a Tax Extension

If you filed Form 7004 to push your business return to September 15, that extension buys you time on the return — not on your S-corp election. Here's exactly what does and doesn't move, and why late elections tend to get sorted out around this date anyway.

What a tax extension actually extends

Form 7004 pushes back the deadline for filing your business tax return — for a calendar-year S-corp or partnership, from March 15 to September 15. It does not touch the S-corp election deadline itself, which is a separate rule (2 months and 15 days after the tax year begins) and runs on its own clock regardless of whether you extend the return. [Verify at publish: confirm no exception applies for first-year filers combining Form 2553 with an extended first return.]

So why does September matter for a late election?

In practice, September 15 is when a lot of missed S-corp elections actually get discovered and fixed — because that's when the extended return is finally being prepared, and "wait, did we ever file the 2553?" comes up during that close-out. If the relief window under Rev. Proc. 2013-30 is still open (generally 3 years and 75 days from your intended effective date), filing the late election alongside or just before that extended return is a normal, common sequence — not a special September-only rule. [Verify at publish: behavioral pattern, not a codified IRS deadline.]

Filing the late election and the extended return together

The mechanics don't change: Form 2553 marked "FILED PURSUANT TO REV. PROC. 2013-30" across the top margin, with a signed reasonable-cause statement attached, faxed to the IRS service center for your state. What changes is timing pressure — if your extended 1120-S is due September 15 and the election is still unresolved, get the late-election package moving well before that date, since the return should generally be prepared consistent with the election you're requesting, not filed ahead of it. [Verify at publish: sequencing guidance.]

What happens if you miss both

Missing the extended return deadline is a separate problem from a late election — it can trigger its own late-filing exposure independent of anything to do with Form 2553. The two deadlines are unrelated on paper; they just tend to collide on the same September afternoon. [Verify at publish: penalty framing, cite specific code section if added.]

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Straight answers

Does filing a tax extension also extend my S-corp election deadline?

No — the two are unrelated. Form 7004 extends your return; the election deadline (2 months, 15 days) and the late-election relief window (3 years, 75 days under Rev. Proc. 2013-30) run on their own clocks either way.

Can I file the late election and the extended return on the same day?

Yes — that's the common sequence in practice. Get the reasonable-cause statement right first; the return should be prepared consistent with the election you're requesting. [Verify sequencing guidance at publish]