S-Election Kerfuffle

[Jason Livingston]

Have a client that we filed a 2021 1065 for an LLC. 

In 2022, we filed form 2553 to change the LLC to S-Corp beginning 1/1/2022. Due to the delayed processing times during 2022's filing season, we decided to file 1120-S for 2022 and reattached the 2553 with the e-filing. The IRS sent a response indicating the entity had previously filed 2553 with an election date of 1/1/2021 (how the client does not remember doing this is beyond me, but here we are). They followed that up with a notice of receiving a Form 1065 for 2021 and being unable to process.

Does anyone have experience in curing this issue? Do we file an 1120-S for 2021 and call it a day? 

Thanks!

Jason Livingston, C.P.A. 

[Alma]

Personally, I would file the 2021 S Corp and beg forgiveness on penalties due to income was reported via 1065 and owners did report said income on timely filed return.

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