1120s

not so fast. you may be eligible for relief. you may want to consult with a pro if you seek this relief so proper filings are done. 

Rev. Proc. 2013-30 facilitates the grant of relief to late-filing entities by consolidating numerous other revenue procedures into one revenue procedure and extending relief in certain circumstances. This procedure provides guidance for relief for late:

• S corporation elections,

Generally, the relief under the revenue procedure can be granted when the entity fails to qualify solely because it failed to file the appropriate election under Subchapter S timely with the applicable IRS Campus and all returns reported income consistently as if the election was in effect. For purposes of this guidance, the “effective date” is the date the election is intended to be effective and cannot be more than 3 years and 75 days from the date relief is requested.

To assist in determining if an entity qualifies for late election relief, Rev. Proc. 2013-30 includes flow charts, as well as specific guidance for each of the five categories listed above.

If an entity does not qualify for relief under Rev. Proc. 2013-30, the entity may request relief by requesting a private letter ruling. The procedural requirements for requesting a letter ruling and the associated fees are described in Rev. Proc. 2021-1(or its successor).

Per the IRS, "Both single-member LLCs and multi-member LLCs can elect to be treated by the IRS as either a C corporation or an S corporation. This election requires filing IRS Form 8832, Entity Classification Election, which must be done no later than two months and 15 days after the beginning of the LLC's tax year."

How did you determine you did not file the appropriate forms?  Did you receive a notice from the IRS?  If you receive a notice, you may just need to respond to the IRS with the Schedule C that should have been filed, as the IRS has already started the process of reviewing the return.  

If you did not receive a notice from the IRS, you would need to amend your personal return and include schedule C.  I would also recommend attaching a copy of the 1120 return with a statement explaining the 1120 was filed in error.  

To amend your return, you can follow these steps:

Re: How do I amend my 2022 Federal tax return?

If the IRS accepts your 2022 return, you will have to amend your return to add the additional W-2.  As @xmasbaby0 stated,  you will not want to make any changes or adjustments to the return while it is in pending status.  The IRS will first have to accept or reject the return.  

If the return is rejected in TurboTax, you will receive a notification with a rejection code from TurboTax, and the return will be opened back up to make changes.  You can add your W-2 at this point.

low the following steps in TurboTax to amend the return:

1. Sign in to TurboTax
2. On the home screen, scroll down to Your tax returns & documents and select the year you want to amend
3. Select Amend (change) return, then Amend using TurboTax Online
   • If you're told to amend your return via TurboTax Desktop, follow the steps for TurboTax CD/Download below instead
4. On the screen OK, let's get a kickstart on your amended return, select the reason(s) you're amending and Continue
5. When you reach Here's the info for your amended federal return, select Start next to the info you need to change
6. Continue through the screens, make the changes you need to make, and carefully answer the remaining questions to finish amending your return

For more information on amending returns, see the link below:

How do I amend my federal tax return?

@NYCHINO