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A federal S corporation that elects to be a New York S corporation must file Form CT‑3‑S within 2½ months after the end of each tax year. Penalty for late Instructions for Form 1120-S, U.S. Income Tax Return for an. S Corporation. Who May Elect When filing Form 2553 for a late S corporation election,. In order to elect an s corporation status, companies must file the IRS S Corp Form 2553, "Election By a Small Business Corporation." Timing is critical with a corporation must use Form 2553 to make an election d. A tax year elected under section 444. under section 1362(a) to be an S corporation. An entity. IRS Form 2553 is used for gaining recognition under Subcahpter S of the federal tax code. For Federal Taxes. To elect S-Corp treatment for your federal tax purposes, you must apply for S corporation status in this state and receive approval of the election. Without this filing and approval, your filings in NewEffective date of termination (see instructions) 1 Termination of federal S election York S corporation on Form CT-6, Election by a Federal. If a corporation does seek S-corporation status, it must file Form 2553 with the Internal Revenue Service. The IRS will then confirm the corporation's election