TaxGuyBill
Level 15
12-06-2019
04:47 PM
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I assume that this is a Single Member LLC that wants to be taxed as a S-corporation?
In my opinion, reporting it on Schedule C invalidated the retroactive S election.
One of the criteria for being eligible for making a "late" S election is that the business has been treated as a S-corporation. That means wages and the associated payroll forms, and no Schedule C. So that means if it was reported on Schedule C (which also likely means no payroll was done), the late S election can't be made because the business was not acting as a S-corporation.
In my opinion, reporting it on Schedule C invalidated the retroactive S election.
One of the criteria for being eligible for making a "late" S election is that the business has been treated as a S-corporation. That means wages and the associated payroll forms, and no Schedule C. So that means if it was reported on Schedule C (which also likely means no payroll was done), the late S election can't be made because the business was not acting as a S-corporation.