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Need help with late S Corp election for an existing C Corp - what forms to file and when?

I've got a client who's been operating as a C corporation since 2021, but they always wanted to be an S corp. Unfortunately, the previous tax person never filed the S election paperwork on time. Now my client wants to convert to S corp status starting January 1, 2023. We submitted Form 2553 about 2 months ago but haven't gotten any approval back from the IRS yet. Today is the S corp filing deadline and I'm not sure what to do. Should I go ahead and prepare/file the 1120S on paper and attach the election documentation? Or should I wait until we get the official approval from the IRS? I've never had an S election denied before, but I suppose it could happen. Another option I was considering is filing the regular 1120 C corp return for now, then if/when we get the S election approval, we could amend the 1120 to zero it out, mark it as final, and file the 1120S instead. What's the best approach here to avoid penalties while still making this conversion happen?

Mei Liu

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As a tax professional who's handled numerous entity conversions, here's what I'd recommend in your situation: Since you've already submitted Form 2553 two months ago but haven't received approval yet, the safest approach is to file Form 7004 to request an automatic 6-month extension for both the 1120 and 1120S. This buys you time without risking penalties while waiting for the IRS to process your S election. When the S election is approved (which is likely if you properly completed Form 2553), you'll file the 1120S. If for some reason the election is denied, you'll still have time to file the 1120 without being late. The key is documenting everything - keep copies of all correspondence and proof of your Form 2553 submission. Remember that the IRS is still experiencing significant processing delays, so the two-month wait isn't unusual. Just make sure you've retained proof of timely submission of the 2553.

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Do you know if there's a way to check on the status of a Form 2553 that was submitted? My accountant filed one for me about 3 months ago and I'm still waiting. Is there a specific IRS department I should call?

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Mei Liu

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You can call the IRS Business & Specialty Tax Line at 800-829-4933 to check on the status of your Form 2553. When you call, have your corporation's EIN, incorporation date, and the approximate date you submitted the form ready. They should be able to tell you if it's been received and where it stands in processing. For your situation with a 3-month wait, that's unfortunately not unusual with current IRS processing times. If you have proof of submission (certified mail receipt, fax confirmation, etc.), you're generally protected even if the IRS is slow to process it.

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Amara Chukwu

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I was in a similar spot last year with my client's entity conversion. After weeks of waiting for IRS approval on our S election, I found taxr.ai (https://taxr.ai) and it was a game changer. The site analyzed our Form 2553 submission and identified an error in our effective date section that likely would have caused rejection. I was able to upload our draft 1120S and their system flagged inconsistencies between our election paperwork and planned filing. They even helped draft a cover letter explaining our late election situation that included the "reasonable cause" language the IRS looks for. Saved me from what would have been a mess!

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How exactly does taxr.ai work? Do they just review the forms you've already prepared or do they actually help with preparing the returns too? I'm dealing with a similar situation but I'm not confident in my ability to prepare all these complex forms.

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I'm a bit skeptical of these online services. Did you actually get confirmation from the IRS faster by using this? Seems like they'd just tell you what we already know - that you have to wait for IRS processing. What made it worth using rather than just waiting?

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Amara Chukwu

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They primarily review your forms and documents for errors and compliance issues. You upload whatever you've already prepared, and their AI analyzes it for mistakes, inconsistencies, or potential audit triggers. They don't prepare the returns from scratch, but they do provide guidance on corrections. For your skepticism, I understand the concern. What made it valuable wasn't getting faster IRS confirmation, but catching problems before submission. In my case, they identified that we had incorrectly calculated our built-in gains which would have caused major headaches later. The IRS eventually approved our election, and we avoided what would have been a costly amendment process because we fixed issues beforehand.

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After being skeptical about taxr.ai, I decided to try it with my S election situation. I have to admit I was impressed. I uploaded my 2553 form and corporate documents, and within minutes their system flagged that I had missed attaching the required shareholder consent forms. The report also showed my effective date wouldn't qualify for the current tax year based on when I filed. This saved me from incorrectly filing an 1120S when I wasn't eligible yet. Honestly, the detailed analysis helped me understand why my election might be delayed - turns out I had inconsistent shareholder information between my articles and my 2553. They even generated a sample letter explaining reasonable cause for late election that I could customize. Much better experience than I expected.

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NeonNova

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When I had a similar situation with a client last year, I spent WEEKS trying to get someone at the IRS on the phone to confirm whether our S election was processed. After 20+ attempts and hours of hold music, I found Claimyr (https://claimyr.com). Their service got me connected to an actual IRS agent in under 45 minutes - you can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed our S election was received but flagged for review due to a minor discrepancy. This allowed us to address the issue immediately rather than waiting for a rejection letter. We fixed the problem and resubmitted, saving us from having to explain a rejected election to our client and avoiding potential penalties for late filing.

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Sounds interesting but how does it actually work? Is this just another "priority" service that claims to jump the line but doesn't actually deliver? And is it expensive? I'm desperate to talk to someone at the IRS but skeptical of paying for something that might not work.

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I don't believe this actually works. The IRS phone systems are designed to limit call volume intentionally. There's no way some third-party service has figured out how to bypass it. Sounds like a scam to me. Has anyone else here actually used this successfully?

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NeonNova

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It's not a priority service that jumps the line - they use technology to continually call the IRS using their automated system until they get through, then they call you to connect with the agent. You're essentially outsourcing the frustrating redial process. When they get an agent, they connect you directly to that person. Regarding your skepticism, I understand completely. I felt the same way before trying it. Their system works because they're persistently calling and navigating the IRS phone tree automatically rather than bypassing anything. The service only charges if they successfully connect you with an agent. I've now used it three times for different client issues, and it's worked each time. The time saved compared to doing it myself was absolutely worth it.

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I have to eat my words about Claimyr. After expressing skepticism, I decided to try it because I was desperate to confirm an S election status for a client before filing deadline. The service actually worked perfectly. I was connected to an IRS representative in about 35 minutes without having to do anything except wait for my phone to ring. The IRS agent confirmed our election was received and being processed, but wasn't fully approved yet. They advised us to file an extension for both return types as a precaution. This saved us from guessing and potentially making an expensive mistake. What impressed me most was how seamless it was - I didn't have to navigate phone menus or sit on hold. For time-sensitive tax matters, it's absolutely worth it. I've already recommended it to colleagues in my firm.

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In my experience with late S elections, another approach is filing Form 8832 first to elect to be treated as a corporation (if not already done), then filing 2553 for S status. This sometimes works better for newer entities. Also, don't forget that Revenue Procedure 2013-30 provides relief for late S corporation elections if you meet certain requirements. You can make the election within 3 years and 75 days of the effective date. You'll need to include a statement explaining the reasonable cause for failing to file timely. For your immediate situation, I'd recommend filing the extension for both return types while waiting for IRS confirmation. Better safe than sorry.

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Thanks for mentioning Rev. Proc. 2013-30. Do you know if there are specific "reasonable cause" examples that tend to work better than others? My client's situation was really just that the previous preparer dropped the ball, but I'm not sure the IRS will be sympathetic to that explanation.

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The IRS tends to be more receptive to reasonable cause explanations that involve circumstances beyond your control or reliance on professional advice. In your case, I'd frame it as "the corporation relied on professional advice from their previous tax preparer who failed to inform them of the election deadline requirements" rather than simply saying someone "dropped the ball." Other successful reasonable causes include misunderstanding of the law due to complexity, death or serious illness of the taxpayer or immediate family, or unavoidable absence of the person responsible for filing. Make sure to document how the issue was discovered and emphasize that you took prompt action once you identified the problem by submitting the election immediately.

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Ava Thompson

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Has anyone successfully done the "file 1120 now, then amend later when approved" approach? I'm in the same boat but worried about the complexity of amending a C corp return to zero and filing a new S corp return later. Feels like it could create more problems.

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Miguel Ramos

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I tried that approach last year and regretted it. The amendment process was incredibly time-consuming and confusing. We had to reverse all C corp tax payments and reporting, then redistribute everything as S corp flow-through income. We also ran into issues with states that didn't automatically recognize the federal S election. Filing extensions for both types and waiting for approval was definitely the cleaner approach.

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Ava Johnson

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I've been through this exact situation multiple times, and here's my recommended approach based on experience: **First, file Form 7004 immediately** to get a 6-month extension for both the 1120 and 1120S returns. This is crucial - you're at the deadline now and need to protect against penalties. **Second, document everything about your Form 2553 submission.** Keep copies of certified mail receipts, fax confirmations, or any proof of timely filing. The IRS is still experiencing major processing delays, so 2 months without response is unfortunately normal. **Third, avoid the "file 1120 then amend" strategy.** I've seen this create unnecessary complexity and potential state tax issues. It's much cleaner to wait for the S election approval and file correctly the first time. While waiting, you might want to prepare both returns so you're ready either way. If the S election is approved, file the 1120S. If denied (rare but possible), you'll have the 1120 ready to go within your extension period. The key is that Form 7004 buying you time - use it. Most S elections that are properly completed do get approved, it just takes time with current IRS processing delays.

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Norman Fraser

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This is exactly the advice I needed to hear! I'm in a similar situation with my LLC that elected corporate taxation last year, and now we want to make the S election. I was getting overwhelmed by all the different strategies people suggested, but your step-by-step approach makes perfect sense. The Form 7004 extension idea is brilliant - I didn't realize you could file extensions for both return types simultaneously. That really does take the pressure off while waiting for IRS processing. Quick question though - when you say "prepare both returns," do you mean fully complete them or just get the groundwork done? I'm worried about doing too much work on the 1120S if the election gets denied for some reason.

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