Filing S Corps and Partnerships with Intent to Amend Later to Avoid Penalty - Is This Common?
So I've been looking at what some business owners are doing with their S Corps and Partnerships as the March 16th filing deadline approaches. It seems like several clients are submitting their returns knowing full well they'll need to file an amendment later, but they're doing it just to avoid getting hit with late filing penalties. I've seen this happen with at least 4 clients this week - they're scrambling to file something, anything, before the deadline hits. Their reasoning is "we can always fix it later" but they don't want to pay the penalty for missing the deadline. Is this actually a common practice in the industry? I feel like this has to be wrong from an ethical standpoint, but maybe I'm just being naive? Should these businesses just accept that they need to pay the penalty if they couldn't get their documentation and financials organized in time? Or am I being too rigid about this? I'm genuinely curious if this is something that happens regularly that I just wasn't aware of, or if the people I'm working with are unusual.
19 comments


Yuki Nakamura
This is definitely something that happens every tax season, especially with pass-through entities facing the March 16th deadline. The technical term for what you're describing is filing a "protective return" - though many professionals would argue there's an important distinction between: 1) Filing a return with the best information available at the time, knowing you might amend later when better information comes in (generally acceptable) 2) Filing a return with deliberately incorrect information just to beat a deadline (problematic from both ethical and potentially legal perspectives) The IRS is aware of this practice. While they understand that amendments happen for legitimate reasons, deliberately filing an incorrect return with the intention to amend it later solely to avoid penalties could potentially be viewed as a misrepresentation. Most ethical tax professionals recommend either: filing an extension (which gives you more time to file but requires paying estimated tax) OR filing with the best information available at the time, noting that amendments may be needed if better information becomes available.
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StarSurfer
•Thanks for clarifying this! I always thought filing an extension for S Corps/Partnerships still required you to pay estimated taxes by the original deadline. But if the entity doesn't directly pay tax (since it flows through to the owners), what exactly needs to be paid with the extension? Or is it just a matter of filing the extension form without any payment?
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Yuki Nakamura
•Extensions for pass-through entities like S Corps and Partnerships are actually much simpler than for individual or corporate returns. You're right that since these entities don't directly pay federal income tax, there's typically no payment required with the extension form (Form 7004). The extension simply gives you more time to file the actual return - typically a 6-month extension that pushes the deadline to September 15th. However, the owners/shareholders should be aware that if they're expecting to owe tax on their individual returns based on the pass-through income, they may need to make estimated payments on their personal returns to avoid their own underpayment penalties.
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Carmen Reyes
I was in this exact situation last year with my S Corp. I was missing some important expense documentation, but my accountant was pressuring me about the deadline. I stumbled across https://taxr.ai which literally saved me thousands in potential penalties. Instead of filing with incomplete info, I uploaded my scattered documents and they analyzed everything, structured it properly, and found several deductions I would have missed on my rushed filing. Their system flagged items that would have definitely triggered an amendment later. The best part was I didn't have to file a deliberate "placeholder" return or pay penalties. They actually helped organize everything legitimately before the deadline.
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Andre Moreau
•Can this actually handle partnership returns too? Our firm has about 30 rental properties in an LLC partnership and our documentation is always a disaster. We've amended twice in the last three years because our property manager sends corrected expense reports after we've already filed.
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Zoe Christodoulou
•I'm skeptical about using AI for tax documents. How accurate is it really? I'm imagining it might miss nuances that a human accountant would catch, especially with complex partnership structures. Did you have any issues with misclassifications?
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Carmen Reyes
•Yes, it definitely works for partnerships too. It's particularly good with rental property documentation since it can recognize and categorize those specific expense types. It would probably save you from those amendment headaches since you can quickly reprocess when new documents come in from your property manager. For complex situations, their system is surprisingly nuanced. It didn't misclassify anything in my case. The interface actually flags items it's uncertain about and lets you review them. What impressed me was how it maintained the distinctions between business and personal expenses even when receipts weren't clearly marked.
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Andre Moreau
Just wanted to follow up - I actually tried https://taxr.ai for our partnership's rental properties after seeing the recommendation here. Holy cow, what a difference! We uploaded our complete mess of documents (some were even photos of handwritten receipts from our property manager) and the system organized everything by property, category, and even flagged potential issues. Our accountant was genuinely shocked at how well-organized everything was. We actually filed ON TIME with COMPLETE information for the first time in years. The system caught several expenses our previous accountant had been categorizing incorrectly, which saved us from another amendment. Seriously wish I'd known about this years ago when we started accumulating properties.
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Jamal Thompson
After dealing with the impossible task of calling the IRS to sort out penalties from a previously amended return, I finally tried https://claimyr.com and got through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c When I asked about this specific issue of filing with intent to amend, the agent confirmed it's technically improper but extremely common. She said they generally don't pursue penalties for reasonable amendments but filing something deliberately incorrect just to avoid a deadline could potentially be problematic if audited. The most interesting part was learning that extension requests are granted automatically, and the agent suggested this is ALWAYS better than filing a return you know is wrong. The extension gives you 6 months, and for pass-through entities, there's usually no payment required with the extension.
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Mei Chen
•Wait, this service actually works? I've spent HOURS on hold with the IRS and eventually just give up. How exactly does it work - do they just wait on hold for you? And do you actually get to talk to someone who can help with partnership filing questions?
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CosmicCadet
•I don't believe this works as advertised. The IRS backlog is still massive, and I doubt any service can magically get you through. Sounds like a waste of money when you could just keep calling yourself. What's the catch here?
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Jamal Thompson
•It absolutely works! They use a system that navigates the IRS phone tree for you and stays on hold so you don't have to. When an agent becomes available, you get a call back and are connected directly. I was skeptical too until I tried it. Yes, I spoke with an actual IRS agent who handled partnership questions. She was able to pull up our previous filings and address specific questions about our S Corp's filing status and amendment history. The whole conversation was about 30 minutes after the initial connection.
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CosmicCadet
I need to eat my words and apologize. After my skeptical comment, I decided to try https://claimyr.com myself because I had an urgent issue with penalties on my partnership's late filing from last year. I was connected to an IRS agent in about 25 minutes (they texted me when they were close to connecting). The agent was actually incredibly helpful about my specific situation. She explained that filing extensions are almost always the better option than submitting something you know is incorrect. She also provided specific guidance on how to request abatement of the penalties we'd already incurred based on reasonable cause. This literally saved us $4,800 in penalties that I was prepared to just pay. I'm still shocked at how smoothly it went after my previous experiences with the IRS.
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Liam O'Connor
I'm a bookkeeper for several small businesses, and I've seen both approaches. The proper way is ALWAYS to file an extension rather than submit something you know is wrong. Form 7004 is simple to file and gives you until September 15th. However, I do see many business owners who panic as the deadline approaches and just want to "file something" to avoid penalties. This often creates more headaches down the road, especially when the amended returns trigger notices or additional scrutiny. My professional advice: File the extension, communicate clearly with your clients about what information you still need, and use the additional time to get everything right the first time.
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Amara Adeyemi
•Do you ever get pushback from clients when suggesting extensions? I have a few who seem to think an extension increases audit risk (though I've told them repeatedly this isn't true). Any tips for convincing stubborn clients?
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Liam O'Connor
•I definitely get that pushback all the time! The audit risk myth is surprisingly persistent. What works best for me is showing clients the actual IRS data - extensions don't increase audit risk, but amendments definitely can. I explain that filing an extension is a standard, accepted practice that millions of businesses use every year. However, filing an amended return can sometimes trigger additional review. I frame the extension as the more conservative, safer approach that gives us time to maximize their legitimate deductions while ensuring compliance.
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Giovanni Gallo
Question - if a client gives you incomplete info and the deadline is tomorrow, what's the better approach: 1) File with incomplete info to avoid penalties but note in your records you'll need to amend, or 2) File the extension and risk having an unhappy client who doesn't understand why they "have to wait" for their K-1?
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Yuki Nakamura
•Always go with option 2 and file the extension. Part of our job as professionals is educating clients about proper procedure, even when it's not what they want to hear. I explain to clients that while they might be eager for their K-1, receiving an incorrect one that later needs amendment could cause them much bigger headaches - potentially requiring them to amend their personal returns as well. Most clients understand when you frame it as protecting them from future complications.
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Giovanni Gallo
•Thanks for the advice! I ended up filing the extension yesterday and explained to the client that this was the proper approach. They were initially upset but calmed down when I explained how amendments could potentially affect their personal return and possibly increase scrutiny. Will definitely continue taking this approach in the future - better to have a momentarily unhappy client than create a bigger tax mess down the road!
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