Sch C part of the year, than a S Corp

[JoshinNC]

different EIN's

wouldn't the Sch C and the corp have different EIN's, irregardless of 2553. This alone would lead to requirement for two seperate returns. I had similar situation and we filed the 1120S and then the 1040 with Sch C.

[Matt Sova]

Yes it can

I can only think of a handful of corp clients of mine that had the articles prepared and filed prior to actually starting the business. Back date the shares to 1/1 of the year starting and you have absolutely no problem from a tax standpoint.

Now, from a legal standpoint you may have an issue if someone is suing for something that happened prior to the corp paperwork being filed. But, as far as taxes go, if it walks like a duck, looks like a duck and quacks like a duck...it is a freaking duck. In fact the IRS will even tell you that if they act like a corp then they are a corp (actually had that happen once). No doubt about it January 1 would be start date.