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Level 2
June 5, 2019
Solved

I am a single member LLC and was suppose to file as S-Corp and instead in did 1120 C-corp and filed. How can I change?

  • June 5, 2019
  • 5 replies
  • 41 views

I would like to have a K-1 so in order to do this it would need to be an S-Corp is it to late. I submitted an 2553 also.

Best answer by

Ok.  Our answers overlapped a bit so I am editing the comments.

If you were in business in 2017 and did not elect to be treated as an S Corp last year and just sent your election with your taxes, it is too late to be treated as an S-Corp for 2017.

In order to be treated as an S corp for 2017, you would have needed to Complete and file Form 2553:

  • No more than 2 months and 15 days (March 15, 2017) after the beginning of the tax year the election is to take effect, or

  • At any time during the tax year(2016) preceding the tax year it is to take effect.

If you have filed now, you should be ok for 2018.


5 replies

Answer
June 5, 2019

Ok.  Our answers overlapped a bit so I am editing the comments.

If you were in business in 2017 and did not elect to be treated as an S Corp last year and just sent your election with your taxes, it is too late to be treated as an S-Corp for 2017.

In order to be treated as an S corp for 2017, you would have needed to Complete and file Form 2553:

  • No more than 2 months and 15 days (March 15, 2017) after the beginning of the tax year the election is to take effect, or

  • At any time during the tax year(2016) preceding the tax year it is to take effect.

If you have filed now, you should be ok for 2018.


Level 2
June 5, 2019
SUBMITTED THE FORM WITH THE TAXES