"Adam H. Kerman" <
a...@chinet.com> wrote:
> Stuart O. Bronstein <
spam...@lexregia.com> wrote:
>
>>I was consulted by a member of an LLC that is taxed as a partnership.
>>Form 2022 they mistakenly filed Form 1120-S rather than Form 1065.
>>They now want to fix it.
>
>>Do they file a 1065-X? Or do they file a 1065 with a letter
>>explaining their mistake? It's not really an amended 1065, but it is
>>supposed to replace the 1120-S.
>
>>Thanks for any thoughts.
>
> You're not going to like the answer. I asked a retired accountant.
> She's quite cynical that IRS will have any interest in being helpful.
>
> There is no amended return to file, not for the 1120-S. Can't file
> 1065-X given that no 1065 was filed to begin with.
>
> 1) Write a lengthy letter of explanation. Beg IRS to ignore the 1120-S
> filed in error. They won't, but put it in the letter anyway.
>
> 2) As 1065 was the required form, file this. There is no choice.
> Attach the letter withdrawing the 1120-S.
>
> 3) Pray to the Greek god of bureaucracy.
Thanks Adam. That makes sense. The other thing I'm suggesting to them
corporation status. And to talk to a tax professional to help determine