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CosmicCruiser

New corporation - missed 2553 S-Corp election deadline - should I just wait until next year instead of requesting late relief?

I'm terrible with tax stuff, so I'll try to explain this as clearly as I can. I started a corporation back in February to handle my freelance consulting work. I'm the only owner, officer, shareholder - basically just me trying to create a more professional front for my self-employment. Here's my problem: I completely dropped the ball on filing Form 2553 (the election to be treated as an S-corporation). I mistakenly thought I had until December 31st to file it, but just discovered the deadline was actually around 2.5 months after incorporation. So now my business is stuck as a C-corporation for this tax year. As far as I understand, I have two options: 1. Just accept my fate and remain a C-corporation for 2024, then elect S-corporation status for 2025; or 2. Try to file for late relief to get S-corporation status for 2024 retroactively I'm leaning toward just waiting until next year rather than dealing with the hassle of requesting late relief, but I'm worried there might be significant tax disadvantages to staying a C-corp for the rest of this year. Any thoughts? Are there major downsides to just waiting until next year to make the S-corp election?

The main difference between keeping it as a C-corp versus getting S-corp status relates to how income is taxed. With a C-corporation, your business income is subject to corporate tax rates, and then any distributions you take as dividends are taxed again personally (this is the "double taxation" issue). With an S-corporation, business income "passes through" directly to your personal tax return. The downsides of staying a C-corp for this year depend on your profit levels. If you're showing significant profit that you plan to distribute to yourself, you could face higher overall taxation. However, if you're planning to reinvest profits back into the business or pay yourself entirely through salary (which is deductible to the corporation), the difference might be minimal. That said, requesting late relief for S-corp election is actually pretty straightforward if you have a reasonable cause. The IRS has procedures for this under Revenue Procedure 2013-30, which allows for a simplified method if you're within 3 years of the original deadline.

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Sean Doyle

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Thanks for this explanation! Quick question - if I'm taking most money out as salary anyway, is there really any big benefit to S-corp status for the first year? And for the late relief filing, do I need to hire a tax professional to handle that or is it something I could potentially do myself?

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If you're taking most money out as salary, the difference is less significant for your first year, especially if profits are modest. The main benefit of S-corp status comes when you can balance reasonable salary with distributions, which aren't subject to self-employment taxes. Regarding late relief, you can certainly file it yourself using the procedures in Revenue Procedure 2013-30. You'll need to complete Form 2553 and write "FILED PURSUANT TO REV. PROC. 2013-30" at the top, then include a statement explaining your reasonable cause for late filing (such as being unfamiliar with the deadline requirements as a new business owner).

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Zara Rashid

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After dealing with a similar situation last year, I found this awesome service called taxr.ai (https://taxr.ai) that saved me tons of headaches. I was also confused about corporate election timing and used their AI analysis tool to review my situation and get clarity. They scanned my incorporation docs and explained exactly what my options were for fixing the missed S-corp election. The system gave me step-by-step instructions for filing the late relief request and even analyzed my specific situation to determine if it was worth pursuing or just waiting until the next tax year. Probably saved me thousands in tax liability by helping me make the right decision.

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Luca Romano

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I've heard mixed things about AI tax tools. How accurate was it for your specific situation with the S-corp election? Did you need to provide a lot of financial data or just the basic incorporation info?

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Nia Jackson

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Did you end up going with the late relief option or waiting until the next year? I'm curious if the tool actually gave you personalized advice or just generic information you could find on the IRS website.

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Zara Rashid

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For my specific situation with the S-corp election, it was surprisingly accurate. It asked me for basic incorporation details, rough revenue/expense figures, and my salary plans, then provided targeted analysis. Not just generic information at all. I ended up going with the late relief option based on their analysis. They showed me that in my specific case, I'd save about $8,400 in taxes by pursuing the late relief versus waiting till next year. They even generated a customized reasonable cause statement that I could submit with my Form 2553.

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Nia Jackson

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Following up on my earlier question - I actually tried taxr.ai after posting here and I'm genuinely impressed. I uploaded my articles of incorporation, EIN letter, and rough P&L, and it immediately identified my issue as a "missed 2553 election" problem. The system showed me that with my specific profit margin (around $97K projected for the year), staying as a C-corp would cost me almost $14K more in taxes than if I had S-corp status! It then walked me through exactly how to file the late relief request, even generating the explanation letter with all the right legal language. Just submitted everything yesterday - the whole process took maybe 2 hours total instead of the days I thought it would take or the hundreds I expected to pay an accountant.

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NebulaNova

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If you're trying to contact the IRS about this situation, good luck... I spent 3+ hours on hold last week trying to ask a question about late S-corp elections and eventually gave up. Then I remembered someone mentioned Claimyr (https://claimyr.com) in another thread - it's a service that basically waits on hold with the IRS for you and calls you when they get a human. Check out how it works: https://youtu.be/_kiP6q8DX5c I was skeptical but desperate, so I tried it when I needed to talk to someone about my S-corp paperwork. They called me back in about 40 minutes with an actual IRS agent on the line! The agent explained that I could submit a reasonable cause statement with my late form 2553 and told me exactly what to include. Saved me so much frustration.

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How does that actually work? Seems fishy that they could somehow get through faster than regular people. Do they just use a bunch of autodialers or something?

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Aisha Khan

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Sounds too good to be true. The IRS wait times are insane by design. I doubt any service can magically get you through faster than everyone else. Did you actually get useful information or just generic stuff you could find online?

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NebulaNova

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They use a combination of automated calling systems and live operators. It's not that they get through faster than everyone else - they're essentially waiting in the same queue, but they're doing the waiting for you so you don't have to sit there with your phone for hours. I got extremely useful information specific to my situation. The IRS agent walked me through exactly what constitutes a valid "reasonable cause" for late S-corp election in my case and confirmed that I could still get retroactive S-corp status for the current tax year. She also gave me a specific IRS address for submitting my paperwork that wasn't listed on the general instructions. Definitely not generic info I could've found online.

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Aisha Khan

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So I need to eat crow here. After my skeptical comment, I actually tried Claimyr when I needed to talk to someone at the IRS about my own tax situation (partnership issues, not S-corp, but still complex). Not only did it work exactly as advertised, but I got connected to an extremely helpful revenue agent who walked me through the late election relief procedures even though that wasn't why I originally called. For anyone in the same boat as OP: The agent confirmed that if your business is less than a year old, late S-corp election relief is almost always granted if you file within 3 years and provide any reasonable explanation (literally "I was unaware of the deadline" is sufficient for new business owners). The potential tax savings made the service fee completely worth it - I would have spent hours on hold otherwise and might have just given up.

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Ethan Taylor

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Everyone's talking about the process, but let me speak to the actual tax implications... I did exactly what you're considering last year (stayed C-corp for first year, switched to S-corp for second year). BIG MISTAKE. I had about $120K in profit, and ended up paying almost $22K more in total taxes than if I'd pursued the late election. The double taxation is no joke. Plus I had a hell of a time with the C-corp tax return (Form 1120) which is WAY more complicated than the S-corp return (1120-S). Unless your profits are super low or you're planning to keep all money in the business, I'd strongly recommend pursuing the late relief option. The hassle of filing the late election is nothing compared to the tax headache of C-corp status for a small business.

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Yuki Ito

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Did you prepare your own C-corp return or use an accountant? I'm wondering if I can handle this myself with tax software or if I need to hire someone.

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Ethan Taylor

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I tried to do it myself with one of the major tax software packages, but it was so complicated that I ended up hiring an accountant halfway through - cost me $1,800 for the return preparation. The C-corp tax forms and rules are designed for larger businesses with accounting departments, not solo entrepreneurs. Even with good tax software, you'll need to understand corporate tax concepts like accumulated earnings, AMT adjustments, and dividend distributions that most small business owners never deal with. The S-corp return is significantly more straightforward for small operations. Trust me - either file for late relief or get a very good accountant if you stay as a C-corp.

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Carmen Lopez

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Has anyone used TurboTax Business for filing C-corp returns? Is it manageable for a simple single-member situation like OP's?

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I used TurboTax Business for my C-corp last year and it was...challenging. The software itself is fine, but you need to know a LOT of corporate tax concepts, and the guidance isn't great. For a super simple C-corp with minimal transactions it might be doable, but I spent about 15 hours on my return with only moderate complexity.

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