S-corp election -- Form 2553 to be filed every year

Technical topics regarding tax preparation.
#1
utsllc  
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An IRS letter accepting this election implies that the S-corp election is active until changed and it is tied to a particular year/etc.

Does this form have to be filed every year? I've seen mixed info about this. Thanks!
 

#2
Nilodop  
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The law is clear. 1362
(c) Years for which effective
An election under subsection (a) shall be effective for the taxable year of the corporation for which it is made and for all succeeding taxable years of the corporation, until such election is terminated under subsection (d).


Where did you see the mixed info?
 

#3
utsllc  
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Thank you!
 

#4
Nilodop  
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Where did you see the mixed info?
Last edited by Nilodop on 16-Apr-2019 8:25am, edited 1 time in total.
 

#5
EADave  
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Hey, anyone else having trouble receiving Election acceptances? I’ve had two or three of these out to IRS for several months and no response. Faxed and certified mail. What gives??
 

#6
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I've had a less than 30% success rate with faxed 2553s. I stopped sending via fax a couple years back.

The last few I've had to call or had the client call to confirm.
~Captcook
 

#7
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EADave wrote:Hey, anyone else having trouble receiving Election acceptances? I’ve had two or three of these out to IRS for several months and no response. Faxed and certified mail. What gives??


I'm waiting on one election acceptance; sent certified mail, after the IRS shutdown was over so I wonder if that is a factor nowadays.
 

#8
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I had two last year and they both went amazingly well. Timely notification of acceptance even. Both prior to the shutdown though.
 

#9
dsocpa  
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This thread is about year old now but I thought I'd put this out there as well. Twice now I've had trouble with faxed forms 2553. This second time I was calling the IRS about something else and inquired about the status of my client's 2553. I was told it was never received. Samething happened last year.

Since this is a new business eff. 10/1/19 I am going to attach the form 2553 to the tax return which I have to mail in because efile rejected the submission (don't know what is going on there). I have a confirmation the form was faxed with the date and I am sending with the form certified return receipt. Debating whether I should add 2nd Request. I am also mailing certified return receipt the actual form separately. Overkill I know but why tell us we can fax but we really can't because it must go into some kind of black hold somewhere.
 

#10
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dsocpa wrote:[W]hy tell us we can fax but we really can't because it must go into some kind of black hold somewhere.


I don't know...I've given up faxing 2553s.
~Captcook
 

#11
Joan TB  
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I see where there was an update of where to send Form 2553 effective 6/7/2019. Perhaps you are using an old fax number?
 

#12
dsocpa  
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Thanks Joan TB. Yes, I checked several times. Learned that with the form 940's a few years ago when the IRS moved the location to file but didn't bother to mention it to anyone.
 

#13
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Faxed a 2553 in November 2019. Taxpayer received nothing, and the extension was rejected due to a mismatch in entity. I ended up filing the 2553 as an attachment to the extension.
 


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