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I was thinking either file a 1040 with a schedule C for 16 & 17 and then a 1120S for 18 since it was approved for 18, or file a 1120 for 2016 & 2017 and a 1040X for the two years.
The irs did not provide an explanation as to why the 2553 form was not allowed for 16 & 17 even though all steps were followed including the rev roc 2013-30 and the admission that the president neglected to file in a timely manner.
Any thoughts?
Your feedback is always greatly appreciated.
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Have you seen the IRS reject letter? I've never known one to not contain a reason. frequently the reason is wrong but it is there.
And did the IRS send the 2016 and 2017 1120S returns back?
Something is not adding up.
The more I know the more I don’t know.
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The more I know the more I don’t know.
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I have never done any appeals pertaining to the rejection of a 2553 so I do not know where to start.
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The more I know the more I don’t know.
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"We have received your form 2553...
Our records indicate your request to be treated as an S corp for income tax purposes, was accepted effective Jan 1 2018.
Your form 2553 wasn't accepted for the requested effective date under the revenue procedure. In order to qualify, form 1120s for the tax year requested and all subsequent years must be timely filed. Our records indicate your 1120s forms were not timely filed.
You don't qualify for relief under any revenue procedure; therefore you can apply for a private letter ruling. .....
That's about it, the letter goes on about tax obligations, etc but they are generalized and not specific to this person.
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The more I know the more I don’t know.
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That seems to indicate he just didn't get around to filing it, which is NOT a "Reasonable Cause". If it was something like "President thought the election was already timely filed and upon realizing it was not filed, is now immediately filing it" WOULD be Reasonable Cause.
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If the S election was rejected, that makes the entity a corp. Corporations file 1120 returns, not schedule Cs.
Slava Ukraini!
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The more I know the more I don’t know.
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Slava Ukraini!