Late S Corporation election for year 2016

Do you need to make a late election for your C corporation to be a S Corporation for 2016?

1. Fill out the 2553.

2. Sign and date the 2553 and the following example. Make sure you see a qualified tax preparer to make sure the following form is sufficient for your situation.

3. Mail to the IRS Service Center: either Cincinnati OH or Ogden UT. I would suggest sending certified mail.

4. The IRS should send you notification one way or another is accepted or rejected.

EXAMPLE

ABC Inc.
Late S Corporation Election
2016
47-5411111

IRB 2013-36

Section 4 .03 General Procedures

1. Properly filled out form 2553 with “Filed Pursuant to Rev. Proc. 2013-30″ written across the top of the Form.

2. Statement of Reasonable Cause/ Inadvertent Statement

The Taxpayer’s failure to file Form 2553 timely was inadvertent; due to a miscommunication regarding the filing deadlines. As soon as the Taxpayer discovered that the 2553 was not filed, the Taxpayer file this 2553.

Under penalties of perjury, I declare that I have examined this election, including accompanying documents, and, to the best of my knowledge and belief, the election contains all the relevant facts relating to the election, and such facts are true, correct, and complete.

___________ ___________________
Date Carol Smith
President ABC Inc.

Section 5 .02 Supplemental materials

3. Shareholder Statement of Consistent Treatment

As the sole 100% shareholder from the Effective date of the election, January 1, 2016, through today I have and will on subsequent tax returns, 1040s, report my income consistent with the S corporation status.

__________ _____________________
Date Carol Smith
Sole Shareholder

A C corporation can be used for income averaging.

Let’s talk about the concept of using a C corporation to income average. The example below give you an idea of the tax savings available. Three things to keep in mind.

1. The C corporation will get the tax back via a refund when the NOL is carried back, but, of course there is a cash flow issue. During the period the IRS has the tax money pending the NOL carryback, there is a cost of money. In our example below, the federal corporate taxes on $160,000 is $45,650. So this money would be unavailable to the Taxpayer for a year. At 10% interest the cost of funds would be $4,565. So there is still an overall savings.

2. The example below is just for 2 years. Keep in mind that the NOL can be carried back 2 years. So you could have a loss in Year 3, and carry back the NOL to Years 1 and 2. This would allow for even more income averaging.

3. Also the pension benefit allowed would be greater with the C corp example. Let’s say the S corp had a SEP retirement plan that allows for 25% of salary. So you might assume you could make a $75,000 contribution ($300,000 X .25%). But the limit per year in 2016 is $53,000 ($59,000 if 50 years of age or over). So, the SEP contribution is limited. Not so with the C corporation example below because the salary is spread over two years. You get to contribute money and enjoy the tax savings on the additional contribution. The additional SEP contribution would be $22,000 ($75,000 – $53,000), and you get a tax deduction on the $22,000 at 39% or $8,580.

4. So in our example, there is a $16,091 tax benefit less the cost of money of $4,565, plus the tax savings on the ability to make an additional SEP contribution of $8,580 for a total savings of $20,106.

Late S Corporation election for year 2016

Tag: c corporation