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2022 S Corp letter from IRS

Jim-from-Ohio
Level 11

new one for me.. client just emailed IRS letter re: 2022 Form 1120S.  letter says no valid 2553 filed though I know one was filed.. but anyways, is it best to file 2022 as a C Corp now or is there anything to be done to get 2022 S Corp status survive. letter talks about late relief but I never had this issue, not sure how to handle it.  thank you. 

0 Cheers
6 Comments 6

I advise filing another S election with late language. See the Snip. Also reference Rev. Proc 2018-58 and cite it at the top of Form 1120S, if it applies. I have had 3 late elections pass and one fail, which I am currently trying to resolve. I think the processing of these has been affected by the pandemic.S.png

dkh
Level 15

I'd file the 2553 and check the box for Late filing relief.   

 

sjrcpa
Level 15

I'd reply to the letter with the original signed 2553 and proof of mailing.


Ex-AllStar
IRonMaN
Level 15

I would do the same as Susan.  I think I have a return like that lurking since my e-filed extension for an 1120S bounced even though the 2553 was filed with the return a couple of years ago.  Believe it or not, the IRS does mess up every now and then.


Slava Ukraini!
PATAX
Level 15

I agree with Sue and Iron Man. A few years or so ago during the covid mess I had at least two 990 clients that they claimed the return was not received but it was. This was before the e-file mandate for 990 returns and the returns were mailed . They responded with a letter and the certified mail receipt and it was resolved okay. I think they are still having issues.

dkh
Level 15

New SCorp clients were required to provide me with a copy of the S Election Acceptance letter. 

Didn't matter if they brought copies of previous 1120S returns.  I wanted proof IRS said they were an SCorp.