Do I need to file form 1120s? Or should I wait for the IRS to approves my LLC’s s-Corp election?

[ecommerce25]

Hello, I recently filed form 2553 for my LLC to be taxed as an S-Corp on March 4, 2019 before the deadline on March 15th. The deadline for form 1120 is on March 15th as well. Do I have to file that form if the LLC’s tax election is not approved yet? 

[IreneS · Accepted solution]

UPDATED FOR TAX YEAR 2019

Yes - Because you aren't an S-Corp until approved by the IRS, you need to file the return for the entity you were on the last day of your tax year.  For 2019 you need to file an 1120 return (C-Corp).

[Edited | 4/3/2020 |  1:00pm PDT]

[ecommerce25]

Thank you for the reply! To clarify , I should wait till the IRS sends the letter of approval and then file form 1120s.

[IreneS]

correct