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JRC
Level 7
April 14, 2023
Question

Why would you Attach Form 2553 to a Partnership Form 1065?

  • April 14, 2023
  • 3 replies
  • 30 views

I have a client who has been sitting on my Completed return for over a month only to send me a New K1 to be included to the return showing a Loss for the year. Great for me having to shred their prior completed return and include the Loss but with no capital account information showing on the K1's to deduct the loss in question. Then client sent the completed 1065 return to me and still no capital account information but with the return it seems they filed a Form 2553 election which raises more questions!!!  Why would they file a 2553 S-election and attach it to the Form 1065 when they want the election to begin with the initial return and start of business?  Inquiring minds want to know.....

Thank you.  

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3 replies

dkh
Level 15
April 14, 2023

Who prepared the F1065 ?     

 

JRC
JRCAuthor
Level 7
April 14, 2023

It seems to be self prepared by a Partner who was consulted by others to file the 2553 so they could pay W-2 wages to the partner. The Others I was told includes members of a large accounting firm and I got the impression It would be over my head and expertise. 

qbteachmt
Level 15
April 14, 2023

Did they already file it, or are they asking you to include it now? What is the date of election?

Don't yell at us; we're volunteers
JRC
JRCAuthor
Level 7
April 14, 2023

The election is to begin 01/01/2022. Date incorporated on Form is 03/08/2022 and is attached to 2022 Form 1065.  

dkh
Level 15
April 14, 2023

The person preparing the F1065 is confused.  S Election goes with an SCorp return.  

dkh
Level 15
April 15, 2023

Sounds like an extension for that client until the preparer of F1065 gets that mess straightened out

JRC
JRCAuthor
Level 7
April 15, 2023

Now if I were the IRS I would not Accept the Election for 2022 because of its flaws and either accept it for 2023 beginning or not at all.  But they do not act rationally. The individuals return will not change tax wise but only where the Loss came from F1065 or F1120S.  

I have something to look forward to....

 

 

dkh
Level 15
April 15, 2023

What if there will be changes to F1065 because payroll was done for members instead of Guaranteed Payments.  Or if it is accepted as an SCorp by IRS, what if payroll should have been done instead of Guaranteed Payments.