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Level 2
July 31, 2020
Question

Newly formed S-Corp Effective Start Date Rejected even though filed within 75 days

  • July 31, 2020
  • 9 replies
  • 55 views

Hello, 

An accountant set up an S-Corp for me in 7/2019. The IRS rejected the designation for 2019 so the effective start date is 1/1/2020. 

All the paperwork was done within the same 2 week period - formation and IRS paperwork. So I thought the S-Corp election would be accepted because it was done within 75 days of formation? 

Here is what the IRS rejection indicated : 

"We didn't accept your Form 2553 for the requested effective date under the revenue procedure because your request was missing a reasonable cause and/or consistency statements. To qualify, the request for relief must be accompanied by all applicable statements. More information about Rev. Proc. 2013-30 can be obtained at irs.gov/irb/20l3-36_IRB/arl2.html"

My accountant's solution was to re-fax the original paperwork as he thinks it was due to a "clerical error at the IRS". Will that be sufficient? 

Thank you

 

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9 replies

BobKamman
Level 15
July 31, 2020

I would never rely on a fax machine to file something that important with IRS.  There was no pandemic a year ago, when you say it was done.  What is the date on the notice you quote?  Sounds like someone might have forgotten to file it until the extension request was due March 15 -- and by then, we all know what was happening at IRS.  

sjrcpa
Level 15
July 31, 2020

Or the July 1 date threw them off. I've had these rejected before. Wrote back and appealed. Then it was accepted.

Or it was filled out wrong.

The more I know the more I don’t know.