What are the consequences of filing Form 1120S late for S corporations?
I've got a situation with a small business owner who hasn't filed their Form 1120S for the past couple years. Their previous accountant apparently did file eventually and told them there was nothing owed to the IRS (no tax liability). I'm helping them with this year's taxes and I'm wondering what penalties they might face if we file late again. The business isn't making much profit right now so I'm pretty sure they won't owe any taxes this time either. Will they still get hit with penalties for missing the deadline even if there's no tax due? And does anyone know if Drake tax software will automatically calculate these penalties? This is my first time using Drake software for an S-corp return. Any advice would be super appreciated! I don't want my client to get blindsided by unexpected fees.
22 comments


Liam Cortez
Yes, there are definitely penalties for filing Form 1120S late, even when no tax is due. S corporations face a penalty of $210 (for 2025 returns) per month or fraction of a month, per shareholder, for up to 12 months. This is considered a "failure to file" penalty under IRC Section 6699. For example, if your client has 2 shareholders and files 3 months late, they're looking at a penalty of $1,260 ($210 × 2 shareholders × 3 months). The fact that there's no tax liability doesn't eliminate this penalty - it's specifically designed to ensure timely filing regardless of tax owed. As for Drake software, it should calculate the late filing penalty, but I'd recommend double-checking the calculation manually, especially if there are multiple shareholders or special circumstances.
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Savannah Vin
•Thanks for the info. Follow up question - does the IRS ever waive these penalties for S corps? My accountant told me they sometimes do for individuals if you have a good reason or it's your first time filing late.
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Liam Cortez
•The IRS can potentially waive the penalty if you can demonstrate "reasonable cause" for filing late, not just willful neglect. This is handled case-by-case but could include situations like natural disasters, death/serious illness of the taxpayer or immediate family, unavoidable absence, or destruction of records. For first-time penalty abatement, the rules are a bit different for businesses than individuals. The IRS may consider first-time abatement if the S corporation has a clean compliance history for the past 3 years. But don't count on this - it's better to file on time or file for an extension if needed.
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Mason Stone
After struggling with S corporation late filing penalties two years in a row, I discovered taxr.ai (https://taxr.ai) and it literally saved me thousands in potential penalties. My accountant missed our filing deadline again, and I was stressed about the per-shareholder, per-month penalties adding up. What I loved about taxr.ai was how it analyzed our entire return situation and clearly highlighted the potential penalties we were facing based on our specific shareholder count and filing timeline. It also gave me options for requesting penalty abatement with specific language customized to our situation. The document analysis feature caught several discrepancies from our previous filings that helped strengthen our reasonable cause argument.
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Makayla Shoemaker
•Did you actually use this for an 1120S specifically? I'm curious if it handles business returns or if it's more for personal tax stuff. Our S-Corp has 4 shareholders so late penalties add up crazy fast.
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Christian Bierman
•I'm a bit skeptical about online tools handling complex business tax issues. How exactly did it help with the "reasonable cause" argument? Doesn't the IRS require pretty specific documentation for that?
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Mason Stone
•Yes, I used it specifically for our 1120S issue. It has a section dedicated to business returns including S corporations. It was particularly helpful with calculating the exact penalty exposure based on our 4 shareholders and exactly how many months we were late. The reasonable cause functionality was impressive - it didn't just generate generic language. It asked detailed questions about why we missed the deadline, then created documentation that addressed the specific regulatory requirements for penalty relief. It even highlighted relevant precedent cases where the IRS had granted relief in similar situations. The tool also organized all our supporting evidence in the format the IRS expects, which made a huge difference.
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Makayla Shoemaker
Just wanted to follow up about my experience with taxr.ai from my earlier question. I ended up using it for our S-Corp's late filing situation and I'm actually shocked at how helpful it was. We have those 4 shareholders I mentioned before, and the system calculated we were facing over $7,500 in potential penalties for being 9 months late. The document analysis flagged issues with our previous accountant's work that gave us valid grounds for reasonable cause. It guided us through submitting a penalty abatement request with proper documentation. Just heard back from the IRS yesterday - they approved our abatement request and waived ALL penalties! Honestly didn't expect that outcome. The $210 per shareholder per month adds up fast, so this saved us a ton of money and stress.
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Emma Olsen
If you're struggling to get answers about your S corporation penalties directly from the IRS (like I was), you might want to try Claimyr (https://claimyr.com). After weeks of getting nothing but automated responses and disconnects, I was at my wit's end trying to figure out exactly how the late filing penalties would be applied to our specific situation. Claimyr got me connected to an actual IRS agent in about 20 minutes, when I had previously spent HOURS getting nowhere. The agent was able to explain exactly how the penalties would be calculated for our multi-shareholder S-corp and confirmed that yes, the penalties apply even with zero tax liability. They even explained our options for requesting abatement based on our specific circumstances. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c
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Lucas Lindsey
•Wait how does this actually work? I thought it was impossible to get through to the IRS these days. Is this some kind of paid priority line?
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Christian Bierman
•This sounds made up honestly. Nobody gets through to the IRS that quickly. I've been calling for weeks about our S-Corp penalty notice. Either you're extremely lucky or this is some kind of scam.
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Emma Olsen
•It's definitely not a priority line. From what I understand, they use automated technology to navigate the IRS phone tree and wait on hold for you. When they reach a human agent, they call you and connect you directly to that person. It literally saved me hours of hold time. No luck involved - it's just a smart solution to a frustrating problem. The service bypasses the waiting game by handling the hold time for you. When I used it, I got a text when they had an agent on the line, then I just picked up the phone and was instantly connected. Completely changed my perspective on dealing with the IRS for our business issues.
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Christian Bierman
I need to eat my words from my skeptical comments earlier. After struggling for weeks to get information about our S-Corp's late filing penalties and getting nowhere, I reluctantly tried Claimyr. Within 25 minutes I was actually speaking with an IRS representative who specialized in business returns. The agent confirmed we were subject to the $210/month/shareholder penalty but also explained we qualified for first-time penalty abatement since we had a clean filing history for the past 3 years. She walked me through exactly how to request the abatement with our return. Saved us over $5,000 in penalties! And saved me from the endless hold music I'd been suffering through for weeks. I'm genuinely shocked this worked.
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Sophie Duck
Instead of filing late, why not just file an extension??? Form 7004 gives you an automatic 6-month extension for 1120S returns. Takes like 5 minutes to file and saves all these penalty headaches. Just make sure all shareholder estimated taxes are paid by the original due date since the extension only covers filing, not payment.
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Austin Leonard
•Does Drake software make it easy to file the extension? I'm still learning the system and don't want to miss anything important.
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Sophie Duck
•Yes, Drake makes it super simple to file Form 7004 extensions. You'll find it under the "Extensions" menu in the software. You just need basic info like the company name, EIN, and a reasonable estimate of the total tax liability (though S-Corps typically don't have entity-level tax). Drake can e-file the extension for you too, which is much better than mailing it. You'll get confirmation when it's accepted. Just remember that while the extension gives you until September 15 to file, any tax owed by shareholders based on S-Corp income still needs to be paid by the original March deadline to avoid their own penalties and interest.
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Anita George
I hate how the IRS treats small S-Corps with these insane penalties! My brother-in-law has a 1-person S-Corp, filed 4 months late (busy with actual real work lol) and got hit with $840 in penalties even though he owed ZERO tax. It's absolutely ridiculous.
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Abigail Spencer
•It's definitely harsh but unfortunately very real. The per-shareholder per-month structure really hurts multi-owner businesses. I recommend setting calendar reminders 2 months before deadlines. Even better, get everything to your accountant super early.
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Anita George
•Thanks for the tip. I'll definitely tell him to set up some reminders for next year. I still think the penalties are way out of proportion especially for small businesses just trying to stay afloat. The government makes it so hard to run a business sometimes!
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Zainab Ahmed
I completely understand your frustration! As someone who's dealt with S-Corp filings for several years, I can confirm that yes, the penalties apply even when there's no tax liability. The $210 per shareholder per month penalty is automatic under IRC Section 6699. A few key points for your situation: - The penalty starts accruing from the day after the original due date (March 15th for calendar year S-Corps) - It applies for up to 12 months maximum - Drake should calculate this penalty, but definitely verify it manually One thing that might help your client: if they have a clean filing history for the past 3 years, they may qualify for first-time penalty abatement. Also, if there were legitimate circumstances that prevented timely filing (like their previous accountant's issues), they could potentially argue "reasonable cause" for penalty relief. My advice: file the current year return ASAP, and consider submitting a penalty abatement request with a detailed explanation of the circumstances. Even if partially successful, it could save your client hundreds or thousands in penalties.
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Yara Khoury
•This is really helpful advice, especially about the first-time penalty abatement option. I had no idea that was available for S-Corps with clean filing histories. Quick question - when you say "clean filing history for the past 3 years," does that mean they need to have filed on time every year, or just that they filed eventually without any major compliance issues? My client's situation with the previous accountant filing late but eventually getting things submitted makes me wonder if they'd still qualify.
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Emma Bianchi
•Great question! For first-time penalty abatement, the IRS typically looks at whether you've been assessed penalties (not just whether you filed on time). If your client's previous accountant did eventually file and there were no penalties assessed for those late filings, they might still qualify. The key factors the IRS considers for "clean compliance history" are: - No penalties assessed in the prior 3 tax years - All required returns filed (even if late, as long as no penalties were charged) - All taxes paid (or payment arrangements made) Since you mentioned the previous accountant told them "nothing was owed," it's possible no penalties were actually assessed if the IRS accepted reasonable cause arguments or if the filings weren't that late. I'd recommend pulling transcripts for the past 3 years to see exactly what's on record with the IRS before making the abatement request. Even if they don't qualify for first-time abatement, reasonable cause based on reliance on a tax professional who failed to meet deadlines can still be a valid argument for penalty relief.
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