Late S Corp Election
Late S Corp Election
Posted July 28, 2019
S Corp status back to January 2019? No problem! The late S corp election can easily be done well into 2020 for 2019 as well! For well over a decade, WCG (formerly Watson CPA Group) does about 100-120 of these per year with 100% success. Zero calories. No trans fats. Add a splenda to the tax savings, and it becomes Yum!
Do you remember the old Van Halen song, Hot for Teacher? “I don’t feel tardy.” We don’t want you to feel tardy about your election to be taxed as an S corporation.
So if you are past the 75 days, no worries- in true IRS fashion there is one rule (don’t be tardy), and fifty exceptions (my dog ate it). Form 2553 is no different, but it has to be done correctly and we can help!
S Corp Election Checklist
So we showed you all the benefits, fees and such… but we need to put the horse back in front of the carriage. Let’s go through a quick checklist to ensure that we are not going down the wrong road. As Doc Brown in Back to the Future says, “Roads? Where we’re going, we don’t need roads.” Well, in S Corp land we do-
- Does your business earn over $30,000 net income after expenses? Say Yes.
- Are you located in New York City or Tennessee where S corporation tax rates are egregious and suck up all the federal tax savings? New Hampshire? Say No. Although there might be exceptions where an S Corp makes sense NYC, TN and NH in order to maximize Section 199A deduction benefits.
- Do you have other W-2 income that exceeds or comes close to exceeding the Social Security limits of $132,900 (2019)? Say No. If you say Yes, we need net business income to exceed $200,000 in #1 above so that the Medicare savings exceeds the “lost” Social Security tax paid by the S Corp.
- Is this a going concern? In other words, is the business going to continue to earn the same income or more each year? Say Yes.
- Do you have an LLC or some other entity in place that can be elected to be taxed as an S Corp? Say Yes. If you say No, we have options just not elegant ones such as shelf corporations.
- Do you have other partners besides a spouse… business partners, that is? Say No. If you say Yes, are you currently splitting income based on ownership percentages or some formula? If you say Formula, then we’ll need to explore a multi-entity arrangement.
- Does your entity own any appreciating assets such as real estate? Say No. We don’t put appreciating assets into an S corporation. Holding companies own real estate and operating companies elect S Corp status. Chinese Wall.
Are you still here? Excellent news… read on! You can also complete a PDF version of the above questions, and send them to us for review-Common S Corp candidates and current clients for WCG (formerly Watson CPA Group) are consultants, engineers, financial advisors, physicians, chiropractors, doctors, surgeons, anesthesiologists, nurse anesthetists, insurance agents, attorneys, photographers (the profitable ones), online retailers, FBA retailers, real estate agents, good old fashioned widget makers, among several others. We also have several medical groups and financial advisor teams. Yes, even those deemed to be specified service trades or businesses still benefit with Section 199A coupled with an S Corp election!
Late S Corp Election Advantages
As you know, being taxed as an S Corp has huge tax savings because you avoid self-employment taxes. Through an S Corp election you are limiting the amount of income subject to Social Security and Medicare taxes which are bundled to be called self-employment taxes. The savings is easily 8-10% of your net business income after expenses (based on 100,000 net biz income), and if you need more information on how this works and other S corporation advantages click on the button below-Still not sure or not convinced? No problem… please check out Line 57 on your Form 1040 (Schedule 4) tax return. This number reflects the self-employment taxes paid on your business income. We want to reduce this by 60 to 65%. So, if this number is $15,000 then we probably get this down to about $7,000 or so.
Form 2553 (the S Corp election form) must be filed with the IRS which tells the IRS that your entity (LLC, partnership or C corporation) wants to be taxed as an S corporation. It is typically due within 75 days of forming your business entity or the start of your fiscal year, however, there is relief for the late filing of Form 2553 and WCG (formerly Watson CPA Group) can guide you through that. IRS Revenue Procedures 2003-43 and 2004-48 used to be the governing rules but the IRS has simplified the procedure (imagine that!).
IRS Revenue Procedure 2013-30, effective September 3 2013, allows an entity to get relief and file a late S Corp election within 3 years and 75 days from the date the election was originally intended to be effective. Holy cow. Three years! The IRS is basically saying that if you walk, talk and smell like an S Corp, then you are an S corporation.
So, if it is November 2019, and you want to go back to January 1, 2019 for setting up S corp status, no problem. We prepare and file Form 2553 under IRS RevProc 2013-30, open payroll accounts in your home state (yup, payroll!), process a payroll event that encompasses the entire year and you get a nice W-2. Done! All that is left is preparing your S corporation tax return on Form 1120S and your individual tax return. Let’s talk about the fees… here is a snapshot of our fees to do all this for you-
- Late S Corp Election, $375 ($300 for timely elections)
- Payroll Setup, $300-$450 (CA, CO, TX easier… NY and PA, rough, like a stucco bathtub)
- Q4 Payroll Event and Tax Planning, $450 (or $250 if we skip tax planning)
Five states require a separate S corporation election form to be filed- Arkansas (really?!), New York, New Jersey, Ohio and sometimes Wisconsin.
If you live in a community property state such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin your spouse might need to sign the Form 2553 even if he or she is not a shareholder. As a side bar, community property laws originate from Spanish property laws which is why most of our bordering states are community property states (red does not mean Republican). Wisconsin has no excuse, and Idaho was just caught in some peer pressure from Washington and Nevada.
Section 199A Deduction
Section 199A deduction also known as the Qualified Business Income deduction (QBID) arises from the Tax Cuts & Jobs Act of 2017. This is a significant tax break for small business owners but there are rules and limits of course. We have written a short article which outlines what is considered a qualified business for the qualified business income deduction including the dreaded specified service trade definitions (which is easily summed up as “any trade or business where the principal asset is the reputation or skill” of the owner). All this stuff is in our book as well!
Click on the button below for our articles-S corporations remain a critical tax saving tool for two reasons. First, the usual self-employment tax savings remains intact for all business owners including specified service trades or businesses. Second, a business owner might need to pay W-2 wages to himself or herself to not be limited by income, and only corporations can pay W-2 wages to owners (in other words, an LLC cannot without an S Corp election). Read the article above for riveting information!
This information is also incorporated into our book including examples and calculations. Happy Happy Joy Joy!
2019 Late S Corp Election
Let’s say it is March 2020 (tax season) and you are freakin’ out because you forgot to make the S Corp election earlier. You can still file a late S Corp election Form 2553 back to January 1, 2019 but there are hiccups. Isn’t hiccups such a friendly word? Sort of like bumps in the road. No one says pitfalls or disasters anymore, just hiccups.
Bottom line is we can engage in some revisionist history on March 1, 2020 and back date Shareholder Wages / Officer Compensation for December 31, 2019 via a 1099-MISC issued from your S Corp to you individually. No worries, this is a one-time mulligan. We have been successfully, legally and ethically doing this since 2007 under IRS guidance. You’ll need real payroll and a real W-2 in 2020 to brace for that required impact. Fees-
- Prior Year Late S Corp Election, $375
- Officer Compensation via 1099 and Tax Planning, $350
- 2018 Corporate and Personal tax returns, typically about $1,300 for both
Total out the door for 2019 is $2,025. So, if you have $100,000 in net business income after expenses, you’ll still pocket about $6,000 after our fee and your S corporation will be set up and ready to go for 2019 and 2020 (you still need payroll setup). Boom! Economists love cost-benefit stuff. Other humans just like money.
If your current CPA or tax professional says No, we suggest you find a new accountant (or at least educate him or her). WCG (formerly Watson CPA Group) has been doing this for over a decade (there was relief provisions prior to the 2013 issuance of IRS Rev Proc 2013-30) without major problems.Three things happen simultaneously with a the prior year late S Corp election-
- Filing of Form 2553,
- Determining reasonable Shareholder Wage / Officer Compensation, and
- Preparing the S corporation’s tax returns (Form 1120S)
Since the IRS is a huge organization, the right hand doesn’t always talk to the left hand. Shocking, we know. Therefore it is common for the corporate tax returns to be rejected since the late S Corp election is not processed. Not to worry, we simply re-submit and we are batting 100% for over a decade in getting the late S corp election pushed through. Of course, your mileage might vary and you could be the one like Maverick in Top Gun, but we seriously doubt it.
Late S Corp Election Steps
Let’s break down the late S corporation election into steps. Yeah, we just gave you the basics above, but let’s dig deeper and get a bit granular shall we? We shall! Assume it is March 1 and the March 15 tax return filing deadline for an S Corp is right around the corner. Here we go-
- We prepare and submit Form 2553 to the IRS, and your state if necessary.
- We prepare your S Corp tax return (Form 1120s), and wait since it takes 10-12 weeks for the IRS to process the S Corp election.
- We mail your S Corp tax return extensions (Form 7004), and obtain a time and date stamp via the USPS. We cannot electronically file the extension since your S Corp election has not been processed.
- We prepare your individual tax return (Form 1040), and compute any tax liabilities that are due. Hopefully you made estimated tax payments and you are getting a big refund from the S Corp savings.
- You send in an extension tax payment (if necessary), and we extend your individual tax return since it has a K-1 from your S Corp being reported on page 2 of Schedule E… but your S corporation “doesn’t exist yet” so the IRS cannot properly process your individual tax return.
- On or about May 15 the IRS sends an S Corp election acceptance letter.
- We efile both your S Corp tax return and your individual tax return. Wait! You are not done yet.
- On or about July 3, right before a nice long weekend in the mountains, you receive a late filing penalty of $200 per month per shareholder ruining whatever relaxation was ahead of you. Oh… and it came in around 5:01PM after our offices closed.
- You call our office precisely at 8:00AM freakin’ out about the penalty.
- We freak out too… why not? Might as well really spin this up. Then we calmly say, “We’ll contact the IRS and get their wires uncrossed and ask them to abate the penalty.”
We have a 100% success rate on putting humpty dumpty back together.
Late S Corp Election Consultation
How does this late S corporation election, Form 2553, reasonable cause addendum, and blah blah blah all work? You probably have a good idea reading all this… but you might want to put it all together in a conversation so we can apply the process to your unique world. Let’s schedule that today!
Business Advisory Service Plans
WCG specializes in small businesses who generally have fewer than 100 employees. Why? We want to help people, and more importantly we want to help the business owner directly. Frankly speaking, once a business gets to a certain size management layers get in the way of owner access. Access allows us to ensure the owner(s) are leveraging the most out of their business for themselves and their families.
Because small business is a core competency for us, we have created business advisory service plans which include these really cool things-