LLC filing taxes as an S Corp

[nshakur]

My client formed an LLC in 2014. She wanted to file the LLC's taxes as an S Corp but she came to my office in 2017 and that's when we submitted Form 2553 with the IRS. IRS sent an acknowledgement letter stating that the LLC would be treated as an S Corp starting January 1st, 2017.

Will I be able to file 2014 taxes for my client as an S Corp and attach Form 2553 to the tax return requesting IRS to treat the LLC as an S Corp citing 'Relief for late S Corporation elections (2013-30).'

[TaxGuyBill]

Has the client been treating the business as a S-corp since 2014 (which includes being on payroll, with all of the associated payroll forms)?

Revenue Procedure 2013-30 generally requires "reasonable cause for its failure to make the timely Election Under Subchapter S and has acted diligently to correct the mistake upon its discovery". Unless it has been treated as a corporation since 2014, I don't see how 2013-30 applies.


Besides, you would have needed to use that on 2553 that you sent in. It is not a year-by-year thing, if you thought that applied, you need to have already done that before you sent the 2553.