Can I retroactively file as an S-Corp?

Electing S-Corp Status Retroactively is Possible However, it is possible to go back as far as 3 years and 75 days from the date the change is requested (IRS Late Election Relief). Going back that far means you’ll need to amend your tax returns (as if the election was in place – this means making new W-2’s, too).

Does an S-Corp have to file a tax return if no income?

S Corp owners must file Form 1120-S, U.S. Income Tax Return for an S Corporation. If you had no income, you must file the corporation income tax return, regardless of whether you had expenses or not. The bottom line is: No income, no expenses = Filing Form 1120 / 1120-S is necessary.

Is the owner of an S-Corp considered self employed?

Generally, owners of an S corp qualify as employees of the business and must receive a salary. If you’re an owner who’s actively involved in managing your S corp, you’re considered an employee of the company and you’ll pay yourself a W-2 salary.

How late can you make an S election?

three years and 75 days
To do so: Attach Form 2553 to your current year Form 1120S, as long as the form is filed within three years and 75 days after the intended date of S-Corp election. Attach to a late-filed Form 1120S, which will be under the same time restrictions (three years and 75 days of intended S-Corp election date).

How do I check S corp status?

You can check your S corp status relatively easily by contacting the IRS. If you have properly submitted your S corporation form to the IRS and have not heard back, you can call the IRS at (800) 829-4933 and they will inform you of your application status.

What is a reasonable cause of late S corp filing?

Reasonable causes are that your company’s president, chief executive officer or similar responsible person neglected to file the election, or your corporation’s tax professional or accountant neglected to do so.

What is the penalty for filing Form 1120S late?

Form 1120S Corporate returns have a late file penalty equal to $195 per shareholder per month for up to a maximum of 12 months — regardless of whether there is tax due or if the business recorded any loss. If an 1120S Corporate return is 12 months late with one shareholder, the late file penalty is $2,340.

What happens if your S Corp makes no money?

The IRS will not object to the S- Corp making zero payments to the owner employee when the business is earning little or no income. But, when the business is making money, it must first pay the owner-employee a reasonable compensation before making any payroll tax-free distributions with any excess funds.

What is the penalty for filing S Corp late?

When S corporations fail to file Form 1120S by the due date or by the extended due date, the IRS will impose a minimum penalty of $205 for each month or part of the month the return is late multiplied by the number of shareholders.

How do I check S Corp status?