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Level 2
posted Apr 12, 2022 1:46:54 PM

Scorp election and filing status

My Scorp was successfully filed in Nov 21. Then the form 2253 was submitted with election date as the formation date in Jan 22. Should the Scorp tax return for 2021 be filed as a Scorp or LLC?

 

Also since I am past the due date of mar 15 am I allowed to file an extension till I get the response from IRS?

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1 Replies
Expert Alumni
Apr 12, 2022 2:02:59 PM

If your Form 2253 says the S-Corporation election start date is in January of 2022, you can't file a Form 1120-S for 2021. 

 

You would need to file as a disregarded entity on either on Schedule C for a single member LLC, or on a 1065, if your LLC has more than one member.