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Delaware Incorporation — S-Corp election deadline missed

Started by just_curious_freelancer_MA · Aug 27, 2025 · 986 views · 15 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
JC
just_curious_freelancer_MA OP

Looking for advice on a legal issue. Here's what happened.

S-Corp election deadline missed. I've been dealing with this for about 4 months now and the situation isn't improving.

I have already tried to resolve this directly but the other party is not cooperating.

What are my legal options here? Is it worth pursuing?

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

DW
desperate_worker_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

HC
HRManager_Chicago

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

JC
just_curious_creator_OH

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

NH
newbie_homeowner_help

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NT
newbie_trader_TX

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

VA
VCAnalyst_SF

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

WC
worried_contractor_legal

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

NH
need_help_freelancer_advice

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

RL
RetiredLawyer_FL

Not a lawyer, but I have direct experience with this.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

SA
seeking_advice_business_owner_NC

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NH
need_help_tenant_MA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

DD
desperate_dev_NC

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

OD
OpenSourceLawyer_Dan

I went through almost the exact same thing.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

TA
TenantRights_Advocate

I've dealt with this before.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

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