Late S-Corp election, but Corp return already filed...

Technical topics regarding tax preparation.
#1
zeavran  
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For 2018 TY client THOUGHT a 2553 S-Corp election was filed for his C-Corp but never got an acceptance form IRS. So he filed a 1120 for 2018 TY before the deadline while waiting. Turns out IRS never received the 2553. So I believe we can still retroactively apply for S-Corp status, however - How are the 2018 taxes handled? If/when 2553 is accepted, do we file an 1120S for 2018 and "overwrite" the 1120 filed return? What is the process for "correcting" the 1120 return? Thank you!
 

#2
dave829  
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How are the shareholders going to satisfy section 5.02 of Rev. Proc. 2013-30 when the corporation filed its return as a C corporation?
.02 Supplemental materials. The completed Election Form must include statements from all shareholders during the period between the date the S corporation election was to have become effective and the date the completed Election Form is filed that they have reported their income on all affected returns consistent with the S corporation election for the year the election should have been filed and for all subsequent years. Such statements must comply with the requirement in Section 4.03(3) of this revenue procedure.
 

#3
zeavran  
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They did so in error/fear of not filing anything before the due date.
 

#4
dave829  
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That doesn't answer my question, so maybe I need to ask it another way. Did the shareholders file their individual returns as if the S corporation election had been approved?
 

#5
zeavran  
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Sorry, misunderstood. Single owner for the business and he did NOT file his 2018 personal returns yet. I guess another way to ask is can a 1120 be amended with an 1120S if a retroactive 2553 is accepted by the IRS?
 

#6
zeavran  
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The 2018 1120 was filed with all zeros.
 

#7
dave829  
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Go through the flowchart at the end of Rev. Proc. 2013-30 for a late S corporation election:
https://www.irs.gov/pub/irs-drop/rp-13-30.pdf

If you can get the shareholder to file his 2018 return as if the S corporation election had been approved, and then file a 2018 Form 1120S with Form 2553 as described in section 4.03(2)(b) of the Rev. Proc., then I believe that this may work.
 

#8
zeavran  
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Thanks for your insight. I saw that too, but wasn't sure if it was applicable if the taxpayer ALREADY filed an 1120.
 


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