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Level 4
April 21, 2024
Question

S Corporation

  • April 21, 2024
  • 5 replies
  • 7 views

I had a client create an S Corp without asking any questions. They used the SAME name and EIN as their one-person LLC. If I file the S Corp return with the numbers, the client owes a lot of money to NY City The client does not even remember how they created the S Corp. Is the S Corp even valid if the EIN is the same as the LLC EIN? I would love to file the S Corp return showing no income or expenses and file the income and expenses only on the LLC on Schedule C. Any thoughts?

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5 replies

Jim-from-Ohio
Intuit Community Champion
April 21, 2024

Did they file a 2553 under the original SMLLC EIN?

qbteachmt
Level 15
April 21, 2024

"Did they file a 2553 under the original SMLLC EIN?"

And if so, get evidence that it was accepted or rejected. You might be worried for no reason.

Don't yell at us; we're volunteers
IRonMaN
Level 15
April 21, 2024

Just curious once again, but what happened when you e-filed the S-corp extension back in March?

Slava Ukraini!
jamessiteAuthor
Level 4
April 21, 2024

It was accepted

IRonMaN
Level 15
April 21, 2024

If the extension was accepted they filed the election properly.

Slava Ukraini!
George4Tacks
Level 15
April 21, 2024

Why would you ever think that they would ask questions? Especially ever ask you before they do things!

https://www.thetaxadviser.com/issues/2013/dec/casestudy-dec2013.html

Answers are easy. Questions are hard!
qbteachmt
Level 15
April 21, 2024

I guess the next issue is timeliness. Is this the first tax year for the entity's operations? Was there payroll (that FEIN was filing payroll forms and paying payroll taxes) under the S Corp? Or, as the LLC in prior years?

Don't yell at us; we're volunteers
sjrcpa
Level 15
April 21, 2024

NYC does not recognize S Corps. So wouldn't they owe the same amount to NYC either way?

NY requires an S election. Did your savvy client also make a NY S election?

The more I know the more I don’t know.