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Jamal Carter

S corp election deadline: is my CPA right about the March 2026 filing date?

I'm planning to elect S corp status for my business for the 2025 tax year, but I'm a bit confused about the timeline my CPA gave me. He told me that we don't need to file for S corp election until the March 2026 deadline, which seems really late to me and doesn't make sense. If I wait until March 2026 to file the election, how am I supposed to set up my reasonable salary and distributions during 2025? Don't I need to have the S corp status actually in place before I start operating as one and taking distributions? This is my first time dealing with this process, and I want to make sure I'm doing everything correctly and not missing any important deadlines. Has anyone else been through this S corp election process recently? Should I trust what my CPA is telling me about this timeline or get a second opinion? Really appreciate any insights!

Your CPA is technically correct but cutting it really close! For an S corp election to be effective for the entire 2025 tax year, you need to file Form 2553 within the first 2 months and 15 days of that tax year (so by March 15, 2025) OR within 2 months and 15 days of starting business operations if your business is new. The March 2026 deadline your CPA mentioned is likely referring to the tax filing deadline for 2025 S corps, not the election deadline. If you wait until 2026 to file the election, it would only be effective for 2026, not 2025. As for setting up your salary, you can't formally take S corp distributions until the election is approved. You'd need the election in place first, then establish reasonable compensation, and properly document distributions.

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This is exactly what I thought! So I really do need to file the S corp election by March 15, 2025 if I want it to be effective for the 2025 tax year. I'm going to double-check with my CPA about this because it sounds like there might have been some confusion. For the reasonable salary part, do I need to wait for official IRS approval of my S corp election before I can start taking a salary, or can I set that up once I've submitted the election paperwork?

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You can start operating as an S corp once you've submitted the Form 2553, but keep in mind the IRS will send you a confirmation letter that could take weeks or months to arrive. Most business owners proceed as if the election will be approved after filing the form. For your salary, you should establish it at the beginning of operating as an S corp. Document your salary decision based on industry standards, your role, hours worked, etc. The key is having documentation showing how you determined it was "reasonable" - this is what the IRS looks for. Keep good records of all salary payments versus distributions from day one.

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I went through some serious headaches with my S corp election last year because of confusing advice like what you're getting. What helped me immensely was using taxr.ai (https://taxr.ai) to analyze my business docs and get clarity. Their system reviewed my operating agreement, financial projections, and previous tax returns, then gave me a clear roadmap for my S corp election including all the right deadlines. The tool flagged that I needed to file Form 2553 within the first 2 months and 15 days of the tax year, not when I filed my taxes the following year. This saved me from a huge mistake my previous accountant was about to make! They also helped me understand the salary vs. distribution requirements for S corps.

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I'm curious - does taxr.ai actually review your specific business documents or is it more of a generic advice tool? I've been burned by "AI tax advisors" before that just spit out general information I could find on Google.

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How does it handle state-specific S corp requirements? My business operates in California and I've heard they have additional filing requirements beyond the federal Form 2553.

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It actually reviews your specific documents - that's what impressed me. You upload your operating agreement, financial records, etc. and it analyzes those specific documents rather than just giving generic advice. The analysis pointed out specific clauses in my operating agreement that needed modification for S corp status. Regarding state requirements, it does cover state-specific issues. For California specifically, it flagged that I needed to file Form 100S with the Franchise Tax Board and warned me about the $800 minimum franchise tax that applies to S corps in California. It also explained the differences between federal and California S corp rules that I needed to be aware of.

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I was really skeptical about using an AI tool for something as important as my business taxes, but after my CPA gave me some confusing advice about S corp election deadlines (similar to what you're experiencing), I decided to try taxr.ai after seeing it mentioned here. I'm genuinely impressed - it caught that my CPA had confused the 2 month + 15 day election deadline with the tax filing deadline. It analyzed my specific situation and showed me exactly what I needed to do for my election to be valid for the current tax year. The document review feature was super helpful for checking if my operating agreement was compatible with S corp status. Most importantly, it saved me from missing my election deadline, which would have pushed everything back a full year and cost me thousands in additional taxes. Definitely worth checking out if you're unsure about what your CPA is telling you.

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If you've tried reaching out to the IRS directly for clarification on S corp election deadlines, you probably know it's practically impossible to get through to a human. After wasting hours on hold, I found Claimyr (https://claimyr.com) - they got me connected to an actual IRS agent who confirmed my specific S corp election deadline questions in less than an hour. You can see how it works here: https://youtu.be/_kiP6q8DX5c I had almost exactly your situation - confusion about when to file Form 2553 and how to handle salary vs. distributions. The IRS agent confirmed I needed to file within the first 2 months and 15 days of the tax year to have S corp status for that entire year. They also explained that waiting until the tax filing deadline would only make the election effective for the following year.

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How does this Claimyr thing actually work? I thought it was impossible to skip the IRS phone queue - sounds too good to be true.

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Yeah right. You're telling me you paid a service to talk to the IRS when you could just call them yourself? The IRS gives free advice already. This sounds like a complete waste of money for something you could do yourself.

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The way it works is they use a combination of technology and timing to navigate the IRS phone system more efficiently. They call at optimal times and use specialized methods to get through the queue faster, then connect you once they have an agent on the line. It's not about "skipping" the queue - it's about having someone else handle the frustrating waiting part. I was skeptical too at first. I had already spent over 4 hours across multiple days trying to get through to the IRS myself with no success. The frustration of being on hold for hours only to get disconnected was driving me crazy. With Claimyr, I got connected to an actual IRS agent in about 45 minutes while I just went about my day until they called me. For me, the time saved was absolutely worth it - especially when I needed urgent clarification on my S corp election deadline.

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Ok I need to apologize to Profile 9 above - I was totally wrong about Claimyr being a waste of money. After dismissing it as a scam, I was desperate when I couldn't get through to the IRS about my late S corp election relief options and decided to try it as a last resort. I'm honestly shocked at how well it worked. After spending literally 6+ hours over 3 days trying to reach someone at the IRS myself with no luck, Claimyr got me connected to an IRS agent in under an hour. The agent walked me through Form 2553 filing requirements and confirmed I could request relief for a late election under Rev. Proc. 2013-30. This saved me from potentially losing S corp status for the entire year, which would have cost me thousands in extra taxes. If you're stuck with S corp election questions like the original poster, this is definitely worth considering.

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Hey, hope I'm not too late to the conversation. I actually work as a bookkeeper for several S corps, and there's something important nobody has mentioned yet. While the March 15, 2025 deadline is correct for filing Form 2553 to have S corp status for the entire 2025 year, you need to consider how you're going to handle payroll setup and state registrations BEFORE you file the election. You'll need to register for state payroll accounts, get workers' comp insurance, and set up a payroll system that properly categorizes owner payments between W-2 wages and distributions. This takes time! I'd recommend getting these logistical details sorted out in late 2024/early 2025, file the S corp election by March 15, 2025, and then you'll be all set to operate properly for the full 2025 tax year.

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That's super helpful advice I hadn't considered at all! So I should actually start preparing for this transition in the next couple months rather than waiting until early 2025. Are there any specific payroll systems you'd recommend for a small S corp with just me as the only employee initially?

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Gusto is my go-to recommendation for small S corps with just an owner-employee. It's user-friendly and specifically designed to handle the salary vs. distribution split that S corps need to track. QuickBooks Payroll is another good option if you're already using QuickBooks for your accounting. The most important thing is choosing a system that clearly distinguishes between your salary (which will show up on your W-2 and is subject to payroll taxes) and your distributions (which aren't subject to payroll taxes). This distinction is critical for S corps and is often what triggers IRS scrutiny if not done correctly. Start setting this up 1-2 months before your S corp election takes effect so you're ready to go from day one.

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Has anyone here dealt with making an S corp election for an existing LLC? My situation sounds similar to the OP's. I've been operating as a single-member LLC and thinking about the S corp election for 2025, but I'm confused about what happens to my LLC's EIN and bank accounts.

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When you elect S corp status for an existing LLC, you keep the same EIN and bank accounts - nothing changes there. It's just a tax election, not a new legal entity. Your LLC legally remains the same entity, but it's just taxed differently. This is actually one of the benefits of the LLC with S corp election route versus forming an actual S corporation - you don't have to change your bank accounts, contracts, etc. You'll just start running payroll for yourself and separating distributions from salary once the election is effective.

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I'm dealing with a very similar situation right now! My CPA told me the same thing about waiting until March 2026, but after reading all these responses, I'm pretty sure there's been a miscommunication. It sounds like your CPA might be confusing the S corp tax filing deadline (March 15, 2026 for 2025 taxes) with the actual election deadline (March 15, 2025 for 2025 tax year). I'd definitely recommend getting clarification on this ASAP. The difference between filing the election in March 2025 vs March 2026 is huge - it's literally the difference between getting S corp tax treatment for 2025 or having to wait until 2026. That could mean thousands of dollars in tax savings lost if you miss the deadline. Also, from what I understand, you absolutely need the S corp election in place before you start taking distributions. Operating as an S corp without having filed the election could create some serious tax complications down the road.

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