Guides / S corps & partnerships

The late-filing penalty for S corps and partnerships

It's charged per owner, per month, even when the business owes no tax. It may be the most commonly misunderstood penalty in the tax code.

Updated August 2026 · Rules: IRC §6698 (partnerships) and §6699 (S corporations)

Partnerships (Form 1065) and S corporations (Form 1120-S) usually pay no federal income tax themselves, since the income passes through to the owners. So many business owners assume a late return is harmless. It isn't. Congress created a special penalty for late pass-through returns, and it's built to sting regardless of tax owed:

The formula: penalty = dollar amount × number of owners × months late (or part of a month), for up to 12 months. For returns due in 2026 the amount is $255 per partner or shareholder, per month.

A three-partner LLC that files its 1065 five months late owes 5 × $255 × 3 = $3,825, with zero tax due on the return. A ten-partner firm that misses a full year owes 12 × $255 × 10 = $30,600.

The per-owner amount, year by year

The amount is inflation-adjusted annually. It's keyed to the calendar year the return was due, so a late 2023 partnership return (due March 2024) uses the 2024 amount:

Return due inPer owner, per month
2018 – 2019$200
2020$205
2021 – 2022$210
2023$220
2024$235
2025$245
2026$255

Source: IRS, "Failure to File Penalty" (irs.gov). The same schedule applies to both partnerships and S corporations.

Five things that surprise people

Three ways to get it removed

  1. First-time abatement. If the entity filed and paid on time for the prior three years, the IRS's First Time Abate waiver applies to §6698/§6699 penalties, and it's often granted with one phone call. Full guide with a letter template.
  2. Rev. Proc. 84-35 (small partnerships). A domestic partnership with 10 or fewer partners, all individuals or estates, equal allocations, and owners who reported their shares on timely personal returns is presumed to have reasonable cause.
  3. Reasonable cause. Serious illness, disaster, destroyed records, or reliance on bad professional advice. It needs to be documented, but it works.

Estimate your exact number

Our calculator applies the correct per-owner amount for your year, the 12-month cap, and any entity-level tax with interest:

Open this example in the calculator

Pick "S corporation" or "Partnership" at the top of the form.