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Filing S-Corp 2553

Am I understanding this right? I'm a single-member LLC and I want to be taxed as an S-corp for 2021. I must have 2553 form filed by March 15th. Someone at the IRS said you can't pay yourself as an employee yet & operate as an S-Corp until the 2553 form is approved. Is that right, that wouldn't make sense since you can file up until March 15th, with an effective date of Jan 1st. You can't wait until approval to do payroll, that must be done at least once a month.

 

I was a sole prop for many yrs and then became an LLC, which I didn't get a new EIN since I already had one. The IRS website is confusing. It talks like I should have got a new EIN when I became an LLC and in other places, it says you don't. I've already ran Jan payroll, but haven't sent in any withholding taxes since I don't have EFTPS approved yet as they kept declining it. So to be safe, I was thinking I should just get a new EIN and then send in Jan/Feb taxes once EFTPS is approved and hopefully the taxes/penalties aren't much. Do you see any problems with this? I don't know the ramifications when you change EIN's or it won't matter as it's tied to your SSN anyways....

 

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5 Replies
Carl
Level 15

Filing S-Corp 2553

Am I understanding this right? I'm a single-member LLC and I want to be taxed as an S-corp for 2021. I must have 2553 form filed by March 15th.

First, lets confirm I'm on the same page you are.

Bottom line is, for your 2020 taxes you are still a single member LLC and absolutely nothing will change that. Therefore it is not correct for you to have issued yourself  a W-2 for 2020. Period. (But you very well may have issued W-2's for the 2020 tax year to other employees - but not to yourself.) I expect you are already aware of this.

So are we on the same page?

Filing S-Corp 2553

I am only referring to 2021, 2020 was done as a sole prop as always. I did payroll, paid myself for Jan 2021 as if I was already an scorp as you can’t wait for approval on 2553 for that before you start paying yourself. Especially since you have until March 15 to file 2553. 

Carl
Level 15

Filing S-Corp 2553

Did a few minutes of research on this.

Someone at the IRS said you can't pay yourself as an employee yet & operate as an S-Corp until the 2553 form is approved.

Technically speaking, they are right.

Is that right, that wouldn't make sense since you can file up until March 15th, with an effective date of Jan 1st.

Must have been some clarity lacking in your communications with the IRS. So long as you get it mailed in by March 15th, and assuming line E on the 2553 has an effective date of 1/1/2021, I really don't see an issue here.  Unless the IRS disapproves your request. (I've never even heard of that happening either!)

You will need a new EIN for the S-Corp though, since your business structure will change from what the IRS considers a disregarded entity, to an S-Corp. This is based on what I read at https://www.irs.gov/businesses/small-businesses-self-employed/do-you-need-a-new-ein

Do be aware of one important aspect of doing this.

If you want the IRS to treat your business "like an S-Corp" for tax purposes. Then your business must "act" like an S-Corp for all purposes. That means the business is subject to all the same laws at all levels, as any other S-Corp is required to follow. The important one for you, is that you are required to file the 1120-S Corporate Tax Return by March 15th every tax year. Late filing fees for an S-Corp are extremely steep too.

M-MTax
Level 12

Filing S-Corp 2553

If you read the text at the link in your post you'll find under NOT required to get a new EIN...."An LLC that already has an EIN chooses to be taxed as a corporation or as an S corporation."......so an LLC that makes an S election doesn't need a new EIN if the LLC already has one.

Filing S-Corp 2553


@M-MTax wrote:

If you read the text at the link in your post you'll find under NOT required to get a new EIN...."An LLC that already has an EIN chooses to be taxed as a corporation or as an S corporation."......so an LLC that makes an S election doesn't need a new EIN if the LLC already has one.


I got my ein for my sole prop in 2006. It's under my personal name with a dba name attached to it. From my understanding, that's not an LLC EIN. If you apply for an EIN and pick LLC, the first line on your EIN doc is your LLC name, not your personal name, like it for my 2006 sole prop filing. That's why I think I needed to do it. Hopefully this works out ok.

 

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