Late Election Relief for an S-Corporation in Idaho

Have you missed the deadline for electing S-Corporation status for your business in Idaho? Don’t fret; there might still be a ray of hope through late election relief. The IRS provides avenues for rectifying such oversights, but the process can be intricate. Let’s delve into what late election relief entails, how your S-Corporation in Idaho can benefit from it, and explore the detailed steps involved.

Understanding S-Corporation Election

Before diving into the relief options, let’s recap what S-Corporation status entails. S-Corporation election allows qualifying corporations in Idaho to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. This structure often leads to significant tax savings and is particularly advantageous for small to medium-sized businesses operating in the Gem State.

The Importance of Timely Election

To elect S-Corporation status in Idaho, a corporation must meet specific IRS requirements and file Form 2553, Election by a Small Business Corporation, within a stipulated timeframe. Typically, this deadline falls within the first 75 days of the tax year the election is to take effect. Missing this deadline can result in substantial tax consequences for businesses in Idaho, including being treated as a C-Corporation for the entire tax year.

Late Election Relief Options

Fortunately, the IRS provides relief options for corporations in Idaho that miss the initial S-Corporation election deadline. The two primary avenues for late election relief are:

Automatic Relief: Under certain circumstances, the IRS may grant automatic relief for late S-Corporation elections in Idaho. To qualify for automatic relief, the corporation must have reasonable cause for the failure to timely file Form 2553 and meet specific eligibility criteria outlined by the IRS.

Letter Ruling: If a corporation in Idaho does not qualify for automatic relief or seeks additional assurance regarding its late election, it can request a private letter ruling from the IRS. This process involves submitting a formal request along with supporting documentation and a user fee. The IRS will review the case and issue a ruling, providing a definitive answer regarding the late election.

Steps to Obtain Late Election Relief

If your S-Corporation in Idaho missed the election deadline, here’s a detailed outline of the steps to pursue late election relief:

Evaluate Eligibility

Begin by determining whether your corporation meets the criteria for automatic relief or if you need to pursue a letter ruling. Automatic relief is generally available if the corporation has reasonable cause for the late filing and meets specific eligibility requirements. However, if there are complex circumstances or uncertainties, a letter ruling might be the preferred route for additional clarity.

Gather Documentation

Regardless of the relief option chosen, thorough documentation is crucial. Gather all relevant records, including evidence of reasonable cause for the late filing, corporate resolutions authorizing the S-Corporation election, shareholder consents, and any other required forms or statements. Adequate documentation strengthens your case and demonstrates diligence in rectifying the oversight.

Complete Necessary Forms

Depending on the chosen relief option, complete and submit the required forms to the IRS. For automatic relief, this typically involves filing Form 2553 with the appropriate explanations and supporting documentation. If pursuing a letter ruling, follow the specific instructions outlined by the IRS, which may include additional forms and a formal request letter detailing the circumstances of the late election.

Pay Attention to Timing

Timeliness is critical when seeking late election relief in Idaho. Ensure that all forms and documentation are submitted within the appropriate timeframe specified by the IRS. Delays in submission could prolong the process and potentially impact the outcome of the relief request.

Await IRS Response

After submitting the necessary documentation, be prepared for a waiting period while the IRS reviews your request. If you opted for a letter ruling, this process may take several months as the IRS conducts a thorough examination of the case. During this time, maintain open communication with the IRS and promptly respond to any requests for additional information.

Implement S-Corporation Status

Upon receiving approval for late election relief from the IRS, take the necessary steps to implement S-Corporation status for your business in Idaho. This may include updating corporate documents, notifying shareholders of the election, and adjusting tax reporting procedures to reflect the new status. Consulting with a tax professional can help ensure a smooth transition and compliance with all relevant regulations.


While missing the deadline for S-Corporation election can be stressful, late election relief provides a potential solution to rectify the oversight for businesses in Idaho. Whether through automatic relief or a letter ruling, it’s essential to follow the IRS guidelines meticulously and provide compelling evidence to support your case. By taking proactive steps to address the issue, your S-Corporation in Idaho can still enjoy the benefits of pass-through taxation and mitigate potential tax liabilities. Remember, seeking assistance from a qualified tax professional familiar with Idaho tax laws can help navigate the complexities of late election relief and ensure compliance with all applicable regulations. With careful planning and attention to detail, your S-Corporation can overcome the hurdle of a missed election deadline and thrive in its preferred tax status within the Gem State.

Ilir Nina CPA, EA, MSAT

Ilir Nina CPA, EA, MSAT

The Owner Ilir Nina is an experienced CPA and Enrolled Agent. He also obtained a Master’s of science of accountancy and taxation at Boise State in 2009. He has two undergraduate degrees (accountancy & information systems). He has prepared taxes in Boise area for over 15 years and also has many years in tax resolution.

Over the years he has prepared tons of Individual, business and nonprofit returns. He also has represented many clients successfully in front of the IRS. Has filed many successful offers in compromise and helped clients by settling IRS liabilities for less (literally pennies on the dollar). Ilir is honest and he will tell you the truth. He will fight for you hard and solve all your tax wows. He is a trusted Idaho CPA. We encourage you to call and talk to us and let’s see what Ilir can do for you.

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