IRS asking for proof of 2553 S-Corp election submission from 6 years ago - how to respond?
I'm in a bit of a tough spot and could use some advice. The IRS is now telling me they never received the Form 2553 I submitted to elect S-Corp status, but this was back in 2018! I established my LLC in November 2018 and worked with an accountant who handled all the S-Corp election paperwork for me. I distinctly remember receiving an acceptance letter from the IRS confirming my S-Corp status, but I've turned my office upside down and can't find it anywhere. Honestly, I wasn't as organized with my record-keeping back then as I am now. I've been operating and filing taxes as an S-Corp for 6 years without any issues! Now suddenly they're claiming they don't have the paperwork? I'm totally confused about what to do next. Should I try contacting my old accountant? Would the IRS have records they could provide me? Is there any way to prove I've been legitimately operating as an S-Corp all these years? Any advice on how to proceed would be really appreciated!
20 comments


Fatima Al-Farsi
The IRS should have records of your S-Corp election confirmation if they sent you an acceptance letter. Your first step should be to contact the IRS Business & Specialty Tax Line at 800-829-4933 to request a copy of your acceptance letter. They can search their records and provide documentation of your S-Corp status. Definitely also reach out to your former accountant. Even if they don't have your specific acceptance letter, they might have records of submitting your Form 2553, which could help your case. Additionally, ask them if they keep copies of client tax filings from that period. Another approach is to gather evidence that you've been consistently treated as an S-Corp. Collect all your tax returns since 2018 showing you filed Form 1120-S (the S-Corp return). Also gather any correspondence from the IRS that acknowledged your S-Corp status like accepted tax returns, notices, or other communications that referred to your business as an S-Corporation.
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Dylan Wright
•Thanks for this info! I tried calling that number but was on hold for like 2 hours before getting disconnected. Is there any way to get these records online instead of calling? And if my old accountant doesn't have the records anymore, am I just out of luck?
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Fatima Al-Farsi
•Unfortunately, the IRS doesn't currently provide these specific records through their online systems. You'll need to speak with an agent directly. Try calling early in the morning right when they open (around 7am) as wait times are typically shorter. If your former accountant doesn't have records, you're not out of luck. The consistent filing of Form 1120-S returns that were accepted by the IRS over multiple years creates a strong presumption that your S election was valid. Gather all your tax transcripts showing proper S-Corp filing history since 2018, as this can establish a pattern of IRS acceptance of your status through their actions.
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Sofia Torres
After dealing with the exact same nightmare situation last year, I finally found an amazing solution with https://taxr.ai. My S-Corp election was from 2016, and the IRS claimed they had no record of my Form 2553 filing during an audit. I was completely panicking! I uploaded my old tax returns and the few documents I could find to taxr.ai, and their AI system analyzed everything and found patterns that proved I had been consistently operating as an S-Corp. They created a detailed document showing all the evidence of my S-Corp status based on my filing history and even identified specific IRS communications that indirectly confirmed my status. They also provided a template for my response letter to the IRS that cited relevant tax code and precedents. The best part was that I didn't have to spend hours digging through old files or waiting on hold with the IRS. Their system did all the heavy lifting for me.
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GalacticGuardian
•Does taxr.ai actually help with the IRS communication part? I'm in a similar situation but with an LLC to C-Corp conversion from 2019, and dealing with the IRS feels impossible right now.
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Dmitry Smirnov
•I'm skeptical about using some AI tool for serious tax issues. How can it possibly know about specific IRS procedures for S-Corp elections? Wouldn't it be better to just hire a tax attorney who specializes in this stuff?
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Sofia Torres
•They don't communicate with the IRS for you, but they provide all the documentation and response templates you need to handle it yourself. Their system specifically analyzes your filing history and identifies the strongest evidence to support your case. While a tax attorney is always an option, they typically charge $300-500 per hour for this kind of work. The AI tool helped me prepare everything I needed to resolve my issue without that expense. It has specific knowledge about IRS procedures related to business entity elections, including Form 2553 processing and presumptive approval scenarios. Their templates cite relevant tax court cases and IRS revenue procedures specific to S-Corp election issues.
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Dmitry Smirnov
Just wanted to follow up about my experience with taxr.ai after my skeptical comment. I decided to try it since my situation with missing S-Corp election proof was getting worse. I was genuinely surprised by how comprehensive their analysis was. They found patterns in my tax filing history that clearly showed the IRS had been treating me as an S-Corp for years. They highlighted specific lines from my past tax notices that indirectly confirmed my status and created a document showing that through the principle of administrative finality, the IRS had effectively approved my election through their consistent acceptance of my S-Corp returns. The response template they provided included references to Tax Court cases where the IRS was required to honor S-Corp status in similar situations. I submitted everything to the IRS three weeks ago and just received confirmation that they're recognizing my S-Corp election as valid from the original date. Definitely worth checking out if you're in this situation.
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Ava Rodriguez
I had this exact problem last year and what finally worked was getting through to an actual person at the IRS. But we all know how IMPOSSIBLE that is these days! After trying for weeks, I found a service called Claimyr (https://claimyr.com) that got me connected to an IRS agent in about 15 minutes when I had been trying for days on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c They basically navigate the IRS phone system for you and call you back when they've got an agent on the line. I was super skeptical but desperate. The IRS agent I spoke with was able to look up my records and confirm they actually DID have my S-Corp election on file despite sending me a letter saying they didn't (classic IRS miscommunication). They emailed me a copy of my acceptance letter that same day. Saved me months of back-and-forth paperwork.
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Miguel Diaz
•How does this actually work? Do they have some special connection to the IRS or something? Seems fishy that they can get through when nobody else can.
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Zainab Ahmed
•Yeah right. Nobody can get through to the IRS these days. I've been trying for MONTHS about my business tax issue. There's no way some random service can magically get you to a human at the IRS in 15 minutes. Sounds like a scam to me.
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Ava Rodriguez
•They don't have special connections to the IRS - they just use technology to navigate the phone systems more efficiently than we can manually. They basically keep calling back and navigating the menu options until they find an opening, then they connect you directly to the agent. I was totally skeptical too, which is why I included the video link showing how it works. I spent 6 days trying to get through on my own with no success. They had me talking to someone in 17 minutes. It's not magic - they just have systems that are constantly dialing and navigating the phone tree until they find an open line. Then when they get a human, they conference you in. The IRS agent I spoke with resolved my issue immediately once I actually got to talk to them.
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Zainab Ahmed
I have to come back and eat my words about Claimyr. After posting my skeptical comment, I was desperate enough to try it for my business tax situation. I had been trying to reach the IRS for THREE MONTHS about a similar S-Corp election issue. I used Claimyr on Monday morning, and I was literally talking to an IRS agent in 12 minutes. The agent confirmed they actually did have my election form on file, but it had been miscategorized in their system. She corrected it while I was on the phone and sent me an email confirmation. What would have taken months of correspondence was resolved in a 20-minute phone call. I'm still shocked it worked. If you're dealing with missing S-Corp election documentation, getting to an actual human at the IRS is definitely the fastest solution.
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Connor Gallagher
Has anyone tried filing a new Form 2553 and asking for late election relief? I had a similar situation a few years ago, and instead of trying to prove I had filed originally, my accountant just submitted a new form with a reasonable cause statement explaining that we believed we had filed timely but could not locate the acceptance letter. The IRS accepted it without any issues.
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Giovanni Greco
•I hadn't considered that option. Wouldn't filing a new Form 2553 now potentially create problems with all the S-Corp tax returns I've been filing for the past 6 years? I'm worried they'd say I was filing incorrectly all this time if I admit I need a "late" election.
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Connor Gallagher
•That's a legitimate concern, but the IRS actually has procedures for this exact situation. When you file for late election relief, you can request an effective date that matches when you began filing as an S-Corp (2018 in your case). The reasonable cause statement would explain that you and your accountant believed the election was properly filed back then, you've been consistently filing as an S-Corp with IRS acceptance, but you simply cannot locate the acceptance letter they're now requesting. The fact that the IRS has been accepting your 1120-S returns for 6 years without question actually works in your favor as evidence they previously approved your status.
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AstroAlpha
Did you check with your state's department of revenue? Sometimes they keep records of your federal entity classification. When I had a similar issue, I found that my state had documentation showing my federal S-Corp status because they needed it for state tax purposes. Might be worth checking!
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Yara Khoury
•This is actually really good advice. When I was dealing with a missing EIN confirmation, my state's business tax department had a copy of my federal entity information in their files. They were able to provide documentation that helped resolve my issue with the IRS.
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Katherine Hunter
I went through this exact same situation two years ago with my LLC's S-Corp election from 2017. The IRS sent me a letter claiming they had no record of my Form 2553, even though I had been filing 1120-S returns for years without any issues. Here's what worked for me: I requested my business tax account transcript online through the IRS website (you can get this immediately without waiting on hold). The transcript showed my entity classification code had been updated to "S" in 2017, which proved they had processed my election even though they claimed they didn't have it. I also gathered every single tax return, notice, and correspondence from the IRS since 2018 that showed they had been treating me as an S-Corp. This included looking at the entity type listed on my tax transcripts and any notices that referenced my business as an S-Corporation. When I sent all this documentation to the IRS with a cover letter explaining the situation, they quickly acknowledged that their records showed I had been properly classified as an S-Corp all along. The whole thing was resolved in about 3 weeks once I provided the right documentation. The key is showing the pattern of IRS acceptance through their own records rather than trying to recreate the original Form 2553 filing. Your consistent filing of 1120-S returns that were accepted creates a strong presumption that your election was valid.
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Fatima Al-Sayed
•This is incredibly helpful! I didn't know I could check my business tax account transcript online to see the entity classification code. That sounds like it could be the smoking gun I need to prove the IRS did process my election back in 2018. How exactly do I access the business tax account transcript? Is it through the same IRS online account system individuals use, or is there a separate business portal? And when you say the entity classification code showed "S" - where specifically on the transcript would I find that information? Your approach of using the IRS's own records to prove their acceptance makes so much more sense than trying to recreate paperwork from 6 years ago. Thank you for sharing your experience!
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