Google Answers Logo
View Question
 
Q: Re-filing for Subchapter S-corp status ( Answered 4 out of 5 stars,   1 Comment )
Question  
Subject: Re-filing for Subchapter S-corp status
Category: Business and Money > Accounting
Asked by: pcventures-ga
List Price: $5.00
Posted: 05 Sep 2003 13:39 PDT
Expires: 05 Oct 2003 13:39 PDT
Question ID: 252685
Two years ago, I had an attorney create an s-corp for me.  It was
expensive, and I found out too late that this person never sent in the
S-corp election form.  I had to file as a C-corp for 2001 and 2002. 
My accountant gave me the s-corp election form for both state (NY) and
federal, but I stupidly sat on sending it in until the deadline day. 
I'm sure I still got my postmark for the due date.
Anyhow, my question is this - how can inquire with NYS and the Federal
government as to whether or not I have S-corp status?
Answer  
Subject: Re: Re-filing for Subchapter S-corp status
Answered By: juggler-ga on 05 Sep 2003 14:38 PDT
Rated:4 out of 5 stars
 
Hello.

The IRS will notify you if your S-Corporation election is approved or
disapproved.

From Form 2553 instructions:

"The service center will notify the corporation if its election is
accepted and when it will take effect. The corporation will also be
notified if its election is not accepted. The corporation should
generally receive a determination on its election within 60 days after
it has filed Form 2553. If box Q1 in Part II is checked on page 2, the
corporation will receive a ruling letter from the IRS in Washington,
DC, that either approves or denies the selected tax year. When box Q1
is checked, it will generally take an additional 90 days for the Form
2553 to be accepted. Care should be exercised to ensure that the IRS
receives the election. If the corporation is not notified of
acceptance or nonacceptance of its election within 3 months of the
date of filing (date mailed), or within 6 months if box Q1 is checked,
take follow-up action by corresponding with the service center where
the corporation filed the election."
source: IRS Instructions for Form 2553
http://www.irs.gov/pub/irs-pdf/i2553.pdf
[ Note that this document is in PDF format, so the Adobe Acrobat     
Reader is required. If you don't have that, please visit Adobe's web
site:
http://www.adobe.com/products/acrobat/readstep2.html  ]   

As indicated, if you haven't heard from the IRS in 3 months (or 6
months if you checked box Q1), then you'll need to write or fax to the
Cincinnati Service Center:

Internal Revenue Service Center
Cincinnati, OH 45999
Fax (859) 669-5748

------

Similarly, in New York will notify you if your application is
approved.  Unless and until you're notified, don't file any "S"
returns.  If you don't hear from them before your next return is due,
write to them at the address provided below.

From Instructions for Form CT-6 Election by a Federal S Corporation to
be Treated As a New York S Corporation:

"Approval of election
You will be notified whether your election is approved, and if
approved, the date the election will take effect. Until then, do not
file Form CT-3-S, CT-4-S, CT-32-S, or CT-3-S-A. If you are now
required to file Form CT-3, CT-4, or CT-32, continue filing it until
your election takes effect.
If you do not receive confirmation of your election before yourreturn
is due, you should write to:
NYS Tax Department
Corporation Tax Registration
Building 8, WA Harriman Campus
Albany NY 12227. "
http://www.tax.state.ny.us/pdf/2002/corp/ct6i_502.pdf
[ This document is also in PDF format. Again, the Adobe Acrobat     
Reader is required. If you don't have that, visit Adobe's web site:
http://www.adobe.com/products/acrobat/readstep2.html  ]    
 

Also, note that you once you receive your federal approval, you are
required to forward a copy to New York.  From the New York
instructions:

"Who may elect 
To elect to treat the corporation as a New York S corporation, you
must meet the following requirements:
The corporation must be a federal S corporation. If your federal
election is pending, file your New York election and indicate that
your federal election is pending. When you receive federal approval,
forward a copy to the Tax Department at the address listed under Where
to file on the back of these instructions."
http://www.tax.state.ny.us/pdf/2002/corp/ct6i_502.pdf

The address is:
NYS Tax Department
Corporation Tax Registration
Building 8, WA Harriman Campus
Albany NY 12227

search strategy:
"s corporation", instructions
"new york", "s corporation", instructions

I hope this helps.
pcventures-ga rated this answer:4 out of 5 stars and gave an additional tip of: $1.25

Comments  
Subject: Re: Re-filing for Subchapter S-corp status
From: juggler-ga on 08 Sep 2003 10:54 PDT
 
Thank you for the tip.
-juggler

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy