Who this is for
- Owners whose accountant has not finished a partnership, S corporation, C corporation or Schedule C return
- Owners whose filing deadline is days away, or has passed with no extension confirmed
Not covered here
- Penalty math and relief requests in detail
- Several years of unfiled returns
- Missed payroll deposits or returns
- State extension rules beyond two examples
- Recovering penalties or fees from the accountant
My accountant won't finish my business return on time: what do I do first?
If the due date has not passed, file the extension yourself. Form 7004 needs no signature, and an extension must be filed by the regular due date (Form 7004 instructions). Use Form 7004 for a partnership, S corporation or C corporation return and Form 4868 for your own Form 1040 (IRS: get an extension). An extension moves the filing date, not the payment date, so pay an estimate with it. These are federal forms; state returns have their own extension rules.
In this order:
- Confirm each return's due date and whether anyone filed an extension.
- If you cannot confirm one, file it yourself before the date. If you own part of a partnership or S corporation, also extend your own Form 1040, which reports your share of the entity's income from its Schedule K-1.
- Pay an estimate of any tax owed.
- Ask for your records and any draft return in writing.
- If the accountant will not commit to a filing date, consider a new preparer.
If the date has passed with no extension, the return is late, unless a different date applies, such as for books or an owner abroad, or a disaster postponement. File it as soon as it is complete, because the late-filing penalty grows with each month or part of a month.
Not simple if: there are several owners (partnership and S corporation penalties are charged per owner, per month), a balance is due, payroll is behind, the accountant is silent and holds your books, or you cannot tell whether an extension exists. If any of these fit, settle the filing status, the payment and who files before the date (see corporate tax help).
Gather: prior-year returns; current books and bank statements; the engagement letter and messages showing what you sent and what the accountant promised; everyone who owned an interest during the year, including anyone who left; any IRS notice.
When is my business return due, and what does an extension give me?
A calendar-year partnership or S corporation return is generally due in March, and a C corporation or sole proprietor return in April. An automatic extension generally adds six months to file.
| Return | Regular due date, calendar year | Extension form | Extended due date |
|---|---|---|---|
| Partnership, Form 1065 | March 15 | Form 7004 | September 15 |
| S corporation, Form 1120-S | March 15 | Form 7004 | September 15 |
| C corporation, Form 1120 | April 15 of the following year | Form 7004 | Six months after the due date |
| Sole proprietor, Schedule C with Form 1040 | April 15 | Form 4868 | October 15 |
An LLC files as one of these: two or more members make it a partnership, and an individual's one-member LLC reports on the owner's own return, unless it elected to be taxed as a corporation (IRS: limited liability company). Spouses who own an LLC as community property may report it either way (Revenue Procedure 2002-69). Spouses who run an unincorporated business held outside an LLC or other state entity may instead elect to be a qualified joint venture, which replaces Form 1065 with two Schedules C on their joint return (Form 1065 instructions).
A weekend or legal holiday moves a date to the next business day. A fiscal-year business uses the 15th day of the third month after year-end for a partnership or S corporation, and the fourth month for a C corporation (Form 1065, Form 1120-S and Form 1120 instructions).
Four cases move the date:
- June 30 year-end, C corporation: a tax year that began before 2026 (a short year ending in June counts) is due the 15th day of the third month, with a seven-month extension. Later years use the fourth month and six months (Form 1120 and Form 7004 instructions).
- Books kept abroad: a partnership that keeps its books and records, or a domestic corporation that does business and keeps its books, outside the United States and Puerto Rico has until the 15th day of the sixth month to file and pay, with no Form 7004 but a statement on the return (Form 7004 instructions).
- Owner abroad, own return: a US citizen or resident whose home and main place of work are outside the United States and Puerto Rico, or who is on military duty there, gets two more months to file and pay the Form 1040; interest still runs from the regular date (Form 4868 instructions).
- Disaster area: an IRS disaster announcement can postpone deadlines for the affected area (IRS: tax relief in disaster situations).
A Form 7004 covers one return and does not extend your personal return, which needs its own Form 4868. The IRS no longer sends an approval; it contacts you only if the request is disallowed (Form 7004 instructions).
Can I file the extension myself if my accountant won't?
Yes. Form 7004 needs no signature and covers one return, so file one for each (Form 7004 instructions). File it electronically through an IRS-approved e-file provider (IRS: e-filing Form 7004) or on paper at the address in the instructions. A tax professional who e-files business returns may be able to send it for you before the date.
- File it by the regular due date, not the extended one.
- The name and employer identification number must match IRS records, or you will not have a valid extension.
- Enter the tax the entity expects to owe on line 6, or -0- if none.
- Keep the electronic acknowledgment or proof of mailing.
For your own Form 1040, the IRS gives three ways: pay online and check the box that the payment is for an extension, request it through IRS Free File, or mail Form 4868 (IRS: get an extension).
Does an extension give more time to pay, and how do I pay an estimate?
No. Neither Form 7004 nor Form 4868 extends the time to pay, and interest runs from the regular due date even with an extension (Form 7004 instructions; Form 4868 instructions). The late-payment penalty is 0.5% of the unpaid tax per month or part of a month, up to 25% (IRS: failure to pay penalty).
- A partnership generally pays no tax itself; its partners report their shares on their own returns (Form 1065 instructions). The estimate that matters is on each partner's own return.
- An S corporation's shareholders are liable for tax on their shares of its income, so the estimate that matters is on each shareholder's own return. The corporation itself owes only entity-level taxes, such as built-in gains tax (Form 1120-S instructions).
- A C corporation enters the tax it expects to owe on Form 7004 and pays it by the regular due date, by electronic funds transfer or through a third party such as a tax professional or bank (Form 7004 instructions).
- A sole proprietor estimates the year's total tax on Form 4868 and subtracts what is already paid, or pays online and checks the extension box (IRS: get an extension).
A C corporation with an extension is generally not charged a late-payment penalty if the tax shown on Form 7004, or paid by the regular due date, is at least 90% of the final tax and the balance is paid by the extended due date (Form 7004 instructions). An individual is treated as having reasonable cause for the extension period if at least 90% of the final tax is paid by the regular due date and the balance with the return (Form 4868 instructions). Estimating with unfinished books is in Form 7004 extension when your business books aren't ready.
The deadline passed and no extension was filed: what now?
A Form 7004 must be filed by the regular due date, so a request after that date does not give the extension (Form 7004 instructions; IRM 3.12.212). The return is late from the next day. If an extension was filed and the extended date has passed, it is late from the extended date (IRS: failure to file penalty).
- Confirm the facts. Ask the accountant whether an extension was filed, and for proof. A processed Form 7004 should also show on your IRS account transcript.
- Get the return filed. File even if you cannot pay in full (IRS: filing past due returns). Each month or part of a month adds to the penalty.
- Pay what you can now. Paying limits interest and the late-payment penalty on the amount paid (IRS: filing past due returns). A partnership or S corporation's per-owner penalty can continue until a complete return is filed, up to the 12-month limit, unless relief applies (IRS: failure to file penalty).
- An open return can cost more. If no return is filed, the IRS may prepare one for you, possibly without deductions you are entitled to (IRS: filing past due returns).
For several unfiled years, see catching up on unfiled business returns.
What does a late partnership, S corporation or individual return cost?
A late or incomplete partnership or S corporation return costs the entity a fixed amount per owner for each month, even when no tax is due. A late individual or C corporation return costs a share of the unpaid tax.
| Return | Federal late-filing penalty (per-owner amounts: return due in 2027) | Limit |
|---|---|---|
| Partnership, Form 1065 | $260 for each person who was a partner at any time in the year, for each month or part of a month | 12 months |
| S corporation, Form 1120-S | $260 for each person who was a shareholder at any time in the year, for each month or part of a month; if tax is due, a tax-based charge is added (Form 1120-S instructions) | 12 months |
| Form 1040 with Schedule C, or Form 1120 | 5% of the unpaid tax for each month or part of a month | 25% of the unpaid tax |
The per-owner amounts rise with inflation and depend on the year the return was due. The table shows returns due in 2027 (Revenue Procedure 2025-32). A return due in 2026 uses $255 per partner or $255 per shareholder, and the IRS page lists earlier years. A Form 1040 or Form 1120 more than 60 days late also has a minimum penalty; the minimum, how the filing and payment penalties offset each other, and relief are in late business return penalties and relief.
Each owner must also get a Schedule K-1; a late, incomplete or incorrect one can bring a separate per-schedule penalty (Form 1065 and Form 1120-S instructions).
Does relying on my accountant count as reasonable cause?
Generally no. Reasonable cause is the IRS's test for removing a penalty, and the IRS lists reliance on a tax professional as a reason that does not usually qualify. You are responsible for filing even when someone else handles your taxes, and the IRS expects you to know what your preparer files and get proof it was sent on time (IRS: reasonable cause).
Reasons the IRS says may qualify include fires, natural disasters or civil disturbances, inability to get records, death or serious illness of the taxpayer or an immediate family member, and system issues that delayed an electronic filing or payment. Inability to get records is on that list, so keep written requests for your records, with dates and replies. Relief is decided case by case, and for a business the reasons apply to the person with authority to submit the return.
Penalty math, automatic relief and first-time abatement are in late business return penalties and relief. Recovering the cost from the accountant is in bookkeeper mistakes and who pays the penalties.
My CPA isn't answering: how do I get my records and draft return back?
Ask in writing. A CPA, attorney, enrolled agent or other practitioner who practices before the IRS must promptly return, on request, any client records the client needs to meet federal tax obligations (Circular 230 section 10.28; who may practice).
- A fee dispute generally does not excuse the delay. If state law lets the practitioner keep records in a dispute, the practitioner must still return the records that must be attached to your return and give reasonable access to copy the rest.
- "Records" include documents you provided, materials that existed before the engagement, and returns or schedules presented to you in an earlier engagement that you need now. They do not include a return or schedule the accountant is holding until you pay the fee for it.
So an unfinished draft may fall outside the rule, especially one held for an unpaid fee; ask for it separately. A bookkeeper who is not a practitioner is outside this federal rule, so whether the records must come back depends on state law and your engagement letter. Ask anyway and keep copies.
Send the request by email and letter. List what you want, set a short date, and ask for proof of any extension or filing. If you get no answer, see taking over books from a former accountant.
How do I check what the IRS has on file for my business?
Sign in to the IRS Business Tax Account. It shows the balance owed by year, payments, tax transcripts and IRS notices (IRS: Business Tax Account). Who can register depends on the entity:
- Partnership: a general partner, or a managing partner of the LLC, for full access. A partner with a Schedule K-1 on file gets limited access, only for years the IRS lists, which may not yet include recent years.
- S corporation or C corporation: an officer or managing member who is a current W-2 employee and authorized to bind the entity. An S corporation shareholder with a Schedule K-1 on file gets the same limited access as a partner.
- Sole proprietor: register with your Social Security number or ITIN and an EIN if you file Schedule C or F. It is not yet available to an LLC that files as a sole proprietor on Schedule C or F. Your Form 1040 balance and payments are in your individual online account (IRS: your online account).
To see whether an extension posted, read the account transcript. The Taxpayer Advocate Service lists transaction code 460 as "Extension of Time for Filing," and the IRS manual says a processed Form 7004 generates it (Taxpayer Advocate Service; IRM 3.12.212). The manual also says a Form 7004 denied for late filing gets no code 460 and no extended due date. If you cannot find it, ask whoever filed the extension for the acknowledgment. A business that cannot register can request an account transcript on Form 4506-T; a member of a partnership or an officer with authority to bind a corporation can sign it (Form 4506-T).
How do I move to a new preparer in the middle of the season?
If you are switching, settle the filing date first.
- File the extension yourself, or have the new preparer file it, before the date.
- Sign an engagement letter with the new preparer that names each return, its due date and the extension status.
- Give the new preparer your proof of extension, the prior returns and the books you have.
- Give the new preparer IRS access. Form 8821 lets them see your IRS records (IRS: About Form 8821). Form 2848 lets a person eligible to practice before the IRS, such as a CPA, enrolled agent or attorney, act for you (IRS: About Form 2848).
- Send the old accountant a written request for your records and notice that the new preparer is taking over.
Form 8821 or Form 2848, removing the old accountant's access and what changes by state are in switching accountants.
When can I report a preparer to the IRS?
You can report a paid preparer on Form 14157 when the conduct is one the IRS lists. Among them: agreeing to file a return and not doing it, not returning a client's records, not giving a client a copy of the return after a request, and not remitting payments for taxes due (IRS: complaint about a preparer).
- The IRS covers preparer conduct on federal returns only. For state or local matters, contact the state or local agency.
- In general the IRS cannot act on a federal complaint about conduct more than three years old.
- The IRS asks for specific, credible information, your documents, and a signature under penalty of perjury.
A complaint reports conduct. It is separate from asking for penalty relief. A preparer who filed a wrong return or never filed is covered in tax preparer filed a wrong return.
Do state returns follow the federal extension?
Not always. Each state sets its own rule, and it may differ by return type. New York requires its own Form IT-370 for personal income tax returns and does not accept a copy of the federal form in its place (New York: Form IT-370 instructions). California gives an LLC in good standing that is taxed as a partnership an automatic seven-month extension with no written request, but an extension to file is not an extension to pay the LLC tax, the LLC fee or the nonconsenting nonresident members' tax (California FTB: Form FTB 3537 instructions).
Check each state where you file, and ask your preparer which state extensions were filed.
Example
These examples are illustrative. All amounts are in US dollars.
S corporation, three shareholders, no extension
A calendar-year S corporation has three shareholders. In March the accountant says the Form 1120-S will be late, and no Form 7004 was filed by the due date. The return is filed 70 days after the due date, which counts as three months because a part of a month counts. Using US$260 per shareholder per month, the amount for a return due in 2027, and assuming no tax is due, the return-filing penalty is US$260 × 3 shareholders × 3 months = US$2,340, before any relief. If the return stayed unfiled for 12 months, it would reach US$9,360.
Sole proprietor with an unfinished Schedule C
A sole proprietor has US$90,000 of net profit, and the Schedule C is unfinished on April 15. The owner pays US$20,000 online, the estimate of tax still owed, and checks the extension box. The return is due October 15. The final tax is US$21,000. Because at least 90% of the final tax was paid by April 15 and the US$1,000 balance is paid with the return, the Form 4868 instructions treat the extension period as reasonable cause for the late-payment penalty. Interest on the US$1,000 still runs from April 15, and the separate penalty for underpaying estimated tax during the year is not covered by this rule (Form 4868 instructions).
Two-member LLC taxed as a partnership
A two-member LLC never filed Form 1065 and had no extension. The return is filed four months after the due date. At the same US$260 per partner, the return-filing penalty is US$260 × 2 partners × 4 months = US$2,080, unless the small-partnership relief applies. See late partnership return penalty relief.
Different for you?
- The date is days away or has passed, you cannot confirm an extension, and your accountant is silent: a Form 7004 filed after the due date does not give an extension, so the open questions are whether one was ever filed, what to pay now, who files the return and whether to ask for penalty relief. See corporate tax help.
- There are several owners, or the business is a corporation: a partnership or S corporation penalty is charged per owner and per month, and each owner's own return depends on the entity's. See corporate tax help.
- A non-US person owns the business: a US corporation or single-member LLC with a foreign owner may also have to file Form 5472, which has its own penalty (Form 5472 instructions). See foreign-owned single-member LLC filing and cross-border tax help.
- You are a sole proprietor and your own return is the one at risk: see individual tax help.
- You received a penalty notice: use late business return penalties and relief, or late partnership return penalty relief for a two-member LLC that never filed Form 1065.
- Several years are unfiled: use catching up on unfiled business returns.
- Your books are behind and the return depends on them: use catching up on overdue books with bookkeeping help.
- Payroll deposits or returns were missed too: a responsible person who willfully fails to pay over withheld payroll tax can be assessed the trust fund recovery penalty personally (IRS: trust fund recovery penalty). Use behind on payroll taxes, and see corporate tax help for the business return.
- You want to switch accountants without missing a filing: use switching accountants and taking over books from a former accountant.
- You want to recover penalties or fees from the accountant: use bookkeeper mistakes and who pays the penalties.
Figures on this page
| Figure | Value | Source |
|---|---|---|
| Form 1065 due date for a calendar-year partnership 15th day of the 3rd month after the tax year ends; a Saturday, Sunday or legal holiday moves it to the next business day. A 6-month extension is available. | March 15 | IRS: Instructions for Form 1065 Checked |
| Calendar-year partnership and S corporation extended federal filing deadline Following year-end with a timely Form 7004; derived from the six-month filing extension. Does not extend payment. | September 15 | IRS: Instructions for Form 7004 Checked |
| Ordinary calendar-year Form 1120-S deadline Following year-end; weekends and legal holidays can shift this date. | March 15 | IRS: Ordinary calendar-year Form 1120-S deadline Checked |
| Calendar-year C corporation Form 1120 due date Generally the 15th day of the fourth month after the tax year; weekends, holidays, and extensions can shift the filing date | April 15 of the following year | IRS: Instructions for Form 1120 Checked |
| Ordinary calendar-year Form 1040 deadline Following the tax year; weekends, legal holidays and special taxpayer rules can shift the date. | April 15 | IRS: Ordinary calendar-year Form 1040 deadline Checked |
| Regular calendar-year individual filing deadline with a timely automatic extension Following the tax year; weekend, holiday, overseas and disaster rules can alter the applicable deadline. | October 15 | IRS: Get an extension to file your tax return Checked |
| General monthly failure-to-pay penalty rate Of unpaid tax for each month or part month the tax remains unpaid; special rates can apply in some cases | 0.5% | IRS: Failure to pay penalty Checked |
| General maximum failure-to-pay penalty rate Maximum percentage of unpaid tax | 25% | IRS: Failure to pay penalty Checked |
| Corporate tax share paid or shown on Form 7004 for late-payment penalty exception Tax shown on Form 7004 or paid by the regular due date must reach this share of actual total tax, with the balance paid by the extended due date | 90% | IRS: Instructions for Form 7004 Checked |
| Individual extension-period late-payment reasonable-cause payment threshold Pay at least this share of total final tax by the regular due date and the remaining balance with the timely extended return; interest still applies. | 90% | IRS: Form 4868 instructions Checked |
| Federal late Form 1065 penalty per partner per month for returns due in 2027 Per partner at any time in the tax year, per month or partial month, for up to 12 months; rate applies to returns required to be filed in 2027 | $260 Tax year 2026 | IRS: Revenue Procedure 2025-32, section 4.55 Checked |
| Maximum months for the section 6698 late partnership return penalty Each month or fraction of a month during which failure continues; reasonable cause and administrative relief may apply. | 12 months | US Code: section 6698(a) Checked |
| Federal late Form 1120-S penalty per shareholder per month for returns due in 2027 Per shareholder at any time in the tax year, per month or partial month, for up to 12 months; rate applies to returns required to be filed in 2027 | $260 Tax year 2026 | IRS: Revenue Procedure 2025-32, section 4.56 Checked |
| Maximum federal late Form 1120-S per-shareholder penalty period Per shareholder per month or part-month; reasonable cause can excuse the failure. | 12 months | IRS: Instructions for Form 1120-S Checked |
| General monthly failure-to-file penalty rate Of unpaid tax for each month or part month a required Form 1040 is late, before the concurrent failure-to-pay adjustment | 5% | IRS: Failure to file penalty Checked |
| General maximum failure-to-file penalty rate Maximum percentage of unpaid tax; a separate minimum can apply when a return is more than 60 days late | 25% | IRS: Failure to file penalty Checked |
| Federal late Form 1065 penalty per partner per month for returns due in 2026 Per person who was a partner at any time in the tax year, per month or partial month, for up to 12 months; rate applies to returns originally due in 2026 (tax year 2025). Returns due in 2027 use the higher rate in us.partnership-return.late-filing-per-partner. | $255 Tax year 2025 | IRS: Failure to file penalty Checked |
| Federal late Form 1120-S penalty per shareholder per month for returns due in 2026 Per person who was a shareholder at any time in the tax year, per month or partial month, for up to 12 months; rate applies to returns originally due in 2026 (tax year 2025). Returns due in 2027 use the higher rate in us.s-corporation-return.late-filing-per-shareholder. | $255 Tax year 2025 | IRS: Failure to file penalty Checked |
| Late-return delay that triggers the minimum federal income-tax filing penalty More than this period after the return due date, including a valid filing extension; reasonable-cause relief can apply. | 60 days | 26 USC 6651(a) Checked |
Primary sources
- IRS: Instructions for Form 7004
- IRS: E-filing Form 7004
- IRS: Get an extension to file your tax return
- IRS: Form 4868 and instructions
- IRS: Tax relief in disaster situations
- IRS: Revenue Procedure 2002-69
- IRS: Employment taxes and the Trust Fund Recovery Penalty
- IRS: Instructions for Form 1065
- IRS: Instructions for Form 1120-S
- IRS: Instructions for Form 1120
- IRS: Limited liability company (LLC)
- IRS: Instructions for Form 5472
- IRS: Failure to file penalty
- IRS: Failure to pay penalty
- IRS: Revenue Procedure 2025-32
- IRS: Penalty relief for reasonable cause
- IRS: Filing past due tax returns
- Treasury: Circular 230, section 10.28, return of client's records
- Treasury: Circular 230, section 10.3, who may practice
- IRS: Business Tax Account
- IRS: Your online account
- IRS: Form 4506-T
- IRS: Internal Revenue Manual 3.12.212, applications for extension of time to file
- Taxpayer Advocate Service: Decoding IRS transcripts
- IRS: About Form 8821
- IRS: About Form 2848
- IRS: Make a complaint about a tax return preparer
- New York: Instructions for Form IT-370
- California FTB: Instructions for Form FTB 3537
About this guide
Published by Cloud Accounting under standing professional approval. This version has no separately recorded personal review. It explains general rules for the tax year shown. It is not advice for your situation.
Changes
- : First published.