Missed Form 2553 deadlines have a standing, free, retroactive remedy — if you're inside 3 years and 75 days and everyone filed as if the election existed. Here's the package, step by step.
Form 2553 is due by the 15th day of the 3rd month of the year the election should start — a deadline routinely missed in the formation shuffle. Rev Proc 2013-30 is the standing fix: within 3 years and 75 days of the intended effective date, reasonable cause plus proof that everyone filed consistently with S status gets the election granted retroactively, free. Beyond that window, a private letter ruling (five figures) is the only door.
Everything keys off it — the window, the consistency representations, the retroactive reach.
Who dropped it, when it was discovered, why the delay was reasonable — plus the representation that all owners reported consistently since.
All shareholders (and spouses in community-property states) consent; the header citation goes on top.
Attach to the current 1120-S or mail standalone; the acceptance letter is the proof you'll want for lenders and buyers later.
Every notice page explains the deadline and drafts the response letter free — find yours.
Look up your IRS notice →Almost always, yes. Rev Proc 2013-30 grants late-election relief for up to 3 years and 75 days after the intended effective date — file Form 2553 with a reasonable-cause statement and consistent-filing representations, no user fee, no private letter ruling.
The bar is practical, not punitive: the accountant assumed the lawyer filed it, the 2553 was signed but never mailed, the owners operated and filed as an S corp believing it was done. State the story, show everyone reported consistently, sign the representations.
Write 'FILED PURSUANT TO REV. PROC. 2013-30' across the top of Form 2553, attach the reasonable-cause statement, have all shareholders sign the consents, and either attach it to the current 1120-S or mail it standalone. CP261 is the acceptance letter to keep forever.
Common sequence: the S return gets filed, the IRS has no election on record, penalties and notices follow. The late-election package fixes the root; pair it with penalty relief (FTA or reasonable cause) for anything already assessed.