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Level 4
May 5, 2021
Question

How do I correct the S election effective date?

  • May 5, 2021
  • 16 replies
  • 146 views
Any date I input, it gives me an error message.
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16 replies

George4Tacks
Level 15
May 5, 2021

What does it say on the letter? https://www.irs.gov/pub/notices/cp261_english.pdf

OR Read the instructions if you are applying: https://www.irs.gov/instructions/i2553#idm139855003296080

Answers are easy. Questions are hard!
Roz1Author
Level 4
May 6, 2021

Not a letter.  On the return itself.

George4Tacks
Level 15
May 6, 2021

@Roz1 What date is on the letter IRS sent to the S-Corp? I gave you a sample letter link, now look at the actual letter that your client has. 

Answers are easy. Questions are hard!
May 6, 2021

What does the error message say?

Is the S-election date on or after the incorporation date?

Is the S-election date the on the first day of the tax year for the corporation?

 

Level 2
July 19, 2021

I am having the exact same issue with a short year tax return.  No matter what date I put in, I get the error.

George4Tacks
Level 15
July 20, 2021

From https://www.irs.gov/instructions/i2553#idm139855003296080

Item E. Effective Date of Election

 

.Form 2553 generally must be filed no later than 2 months and 15 days after the date entered for item E. For details and exceptions, see When To Make the Election and Relief for Late Elections, earlier..

 

A corporation (or entity eligible to elect to be treated as a corporation) making the election effective for its first tax year in existence should enter the earliest of the following dates:

  • The date the corporation (entity) first had shareholders (owners),

  • The date the corporation (entity) first had assets, or

  • The date the corporation (entity) began doing business.

When the corporation (entity) is making the election for its first tax year in existence, it will usually enter the beginning date of a tax year that begins on a date other than January 1..

A corporation (entity) not making the election for its first tax year in existence that is keeping its current tax year should enter the beginning date of the first tax year for which it wants the election to be effective.

A corporation (entity) not making the election for its first tax year in existence that is changing its tax year and wants to be an S corporation for the short tax year needed to switch tax years should enter the beginning date of the short tax year. If the corporation (entity) doesn’t want to be an S corporation for this short tax year, it should enter the beginning date of the tax year following this short tax year and file Form 1128, Application To Adopt, Change, or Retain a Tax Year. If this change qualifies as an automatic approval request (Form 1128, Part II), file Form 1128 as an attachment to Form 2553. If this change qualifies as a ruling request (Form 1128, Part III), file Form 1128 separately. If filing Form 1128, enter "Form 1128" on the dotted line to the left of the entry space for item E.

Answers are easy. Questions are hard!
Level 2
July 20, 2021

The election is being made with the first tax year.  The issue is the error message in ProSeries no matter what date I enter....

PATAX
Level 12
October 16, 2021

Just completed two S Corp elections and had no problems whatsoever with anything including effective dates...

Level 2
January 30, 2022

I found the fix to the S-corp date error.  On the information worksheet, enter short date instead of calendar year for the 1st year.