Can I create a new LLC with S Corp election in the middle of the year?

[kiddkevin01]

Hi,

Can I create a new LLC with S Corp election now and file the 2021 business tax return (1120-S) for the income/expense happening between now to end of the year? 

Thanks!

[tagteam · Accepted solution]

The rules for making the election can be found at the link below.

https://www.irs.gov/instructions/i2553#idm139855003794080

[bellason00]

I just created my LLC in the city of Delaware just going through the Delaware secretary of state process and after doing research I came to this topic and I worried that I never came to such a situation where I need to create an LLC with S-Corp election in the middle of the year. I did research and according to that, you cannot create LLC in mid-year you need to wait for the year to end. I would just love to know more.

[tagteam]

You can organize an LLC at any time during the year, but the rules for making the S corporation election differ (i.e., as to when the election goes into effect).

[eddyjimu]

hey I know we can register LLC any time, I went to register my LLC, and the Texas SOS member told me you cant register right now you may come next month, i have never seen that person in the SOS office during the process of taking information. So what I should do now.

[SweetieJean]

Sounds like they may just be backlogged, and are trying to stall you until they catch up. See this:

Business and Nonprofit Forms (state.tx.us)

Have you tried to register the LLC online?

SOSDirect - An Online Business Service from the Office of the Secretary of State