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Can I create a new LLC with S Corp election in the middle of the year?

Forum|Forum|4 years ago
May 9, 2022
2 replies
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Hi,

Can I create a new LLC with S Corp election now and file the 2021 business tax return (1120-S) for the income/expense happening between now to end of the year?

Thanks!

Best answer by Anonymous_

The rules for making the election can be found at the link below.

https://www.irs.gov/instructions/i2553#idm139855003794080

A

Anonymous_Answer

Employee

The rules for making the election can be found at the link below.

https://www.irs.gov/instructions/i2553#idm139855003794080

bellason00

I just created my LLC in the city of Delaware just going through the Delaware secretary of state process and after doing research I came to this topic and I worried that I never came to such a situation where I need to create an LLC with S-Corp election in the middle of the year. I did research and according to that, you cannot create LLC in mid-year you need to wait for the year to end. I would just love to know more.

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Anonymous_

Employee

You can organize an LLC at any time during the year, but the rules for making the S corporation election differ (i.e., as to when the election goes into effect).

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eddyjimu

hey I know we can register LLC any time, I went to register my LLC, and the Texas SOS member told me you cant register right now you may come next month, i have never seen that person in the SOS office during the process of taking information. So what I should do now.