form 2553- Election S Corp

[HOPE2]

I am hoping you can help me with:

I formed CA corporation General-Stock on 05/10/2023 and on 07/25/2023 EIN received since client canceled his previous EIN and took time to be done. Now he wish to elect S-Corp, should I file late S Corp election "FILED PURSUANT TO REV. PROC. 2013-30." If Yes what would be the date on line E?

01/01/2023 or 05/10/2023.

[sjrcpa]

You can't be an S Corp before the corp was formed.

[HOPE2]

I mentioned that it was formed on 05/10/2023.

[TaxGuyBill]

Did you say that YOU formed the corporation?  Beware of practicing law.

Why did the EIN need to wait?  I can't imagine why a new corporation couldn't get an EIN immediately, without a need for the owner to cancel some other EIN.

Personally, I don't see anything as qualifying for the late election.  There doesn't really seem to be a reason why it wasn't filed on time, plus you said "now" he wishes to file as a S-corporation, rather than "he has always intended" to file as a S-corporation.

[HOPE2]

Client had an LLC under the same name. He closed LLC single member then sent a request to cancel EIN then asked a new EIN that is why took long time. I explained before. Corporation formed on 05/10/2023 and two days ago he received a new EIN. Now he wants to take S-corp election. the 75 days as of 05/10/2023 passed so should file late election? If yes what date should enter on line E?

Thanks for your help.

[sjrcpa]

"I mentioned that it was formed on 05/10/2023."

Yes you did. Ergo 1/1/23 is not an option.

[HOPE2]

I apology did not get your answer.

Thanks