Form 1065

[lkwhite52]

Took on a new client, Certificate of Formation and EIN letter clearly states single member. Previous tax preparer file the return as a partnership for 2018 & 2019. Can I amend the 1065's and K-1's and file an 1120S with the election Form 2553 for 2020 to make the election to be taxed as a SCorp?

[qbteachmt]

Has there been Payroll for that person all this time? A corporation election for the prior year(s) would include that they acted like a corporation = payroll.

[lkwhite52]

no payroll

[sjrcpa]

You can form as a SMLLC and add a new member anytime.

I presume there were at least 2 members shown on the  2018 &2019 tax returns.

[lkwhite52]

One @ 1% and the other @ 99%

[qbteachmt]

What seems to be the reason to consider late election for S Corp, then?

[sjrcpa]

And the problem is?