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Level 4
April 17, 2020
Solved

filed taxes incorrectly on an entity

  • April 17, 2020
  • 15 replies
  • 51 views

We filed 2019 taxes on what was a C Corp in 2018.  They have since informed us that they converted their entity to a single person LLC, so they really just needed to file a Schedule C on their personal return.  The C Corp for 2019 has been filed and accepted.  The LLC was formed in 2019. Now what?  I'm trying to research this, but not coming up with a solid answer.

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Best answer by TaxGuyBill

The best solution is to fire the client for not telling you that BEFORE you prepared the corporate return.  😁

 


@Jane918 wrote:

The LLC was formed in 2019. 


Was it formed January 1st?  If not, it seems likely that SOME of the business was done under the corporation.  The client would need to sort out all of the income and expenses between the corporation and the newly formed LLC.  You would then amend the 1120 to reflect the corporate income.

15 replies

April 17, 2020

The best solution is to fire the client for not telling you that BEFORE you prepared the corporate return.  😁

 


@Jane918 wrote:

The LLC was formed in 2019. 


Was it formed January 1st?  If not, it seems likely that SOME of the business was done under the corporation.  The client would need to sort out all of the income and expenses between the corporation and the newly formed LLC.  You would then amend the 1120 to reflect the corporate income.

Jane918Author
Level 4
April 17, 2020

Will do...thank you!

abctax55
Level 15
April 17, 2020

"They have since informed us that they converted their entity to a single person LLC"

You don't just "convert" a Corporation (C or S) to anything.  The Corp is liquidated with the distribution of the assets effectively being sold at fair market value - which quite often creates a taxable gain.

And was the Corp dissolved with the appropriate state authorities.

I agree with Bill - this client should likely be fired.  And I suggest getting a LARGE retainer up front, as this will be complicated to unwind. There will likely be tax consequences, which will probably p.o. the client.  Clients that are p.o.'d are often reluctant to pay.

HumanKind... Be Both
Jane918Author
Level 4
April 17, 2020

Understood, thank you.  Yes, it was filed through the state authority. The status with the state reads "Conversion"

I may have worded that incorrectly.  Thank you!

abctax55
Level 15
April 17, 2020

State 'verbiage' doesn't trump the IRC.

HumanKind... Be Both
IRonMaN
Level 15
April 17, 2020

"I agree with Bill - this client should likely be fired."

But if we start firing just for stupidity, I'm only going to have a couple of clients left 😟 

Slava Ukraini!
abctax55
Level 15
April 17, 2020

Jeff... you say that like it would be a bad thing; I'm thinking this crisis is my chance to really thin the (my) herd.

HumanKind... Be Both
IRonMaN
Level 15
April 17, 2020

But I really wouldn't have a herd left.   I would be able to fit the remaining "herd" in the box of my truck. 😬

Slava Ukraini!
qbteachmt
Level 15
April 17, 2020

Did they keep doing payroll? Because that right there is a pretty significant difference.

Don't yell at us; we're volunteers
Jane918Author
Level 4
April 17, 2020

He did not have payroll, thank goodness.  He should not have even formed a C Corp in the first place.

 

qbteachmt
Level 15
April 17, 2020

"He did not have payroll, thank goodness"

Which means the 1120 was a problem, because corporations have payroll.

Don't yell at us; we're volunteers