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May 19, 2022
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S Corp election effective date is earlier than my LLC effective date

  • May 19, 2022
  • 1 reply
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When I filed my CERTIFICATE OF FORMATION to the Secretary of State to create my LLC company, I entered the effective date to be 5/11/2022, which is the date I am filing it online. I also mailed the form 2553 to make the S Corp election and I entered the "effective date of the election" and the "date incorporated" to be 5/11/2022.

 

However, I got approved at 5/16/2022 and the effective date is modified to 5/16/2022 by the Secretary of State. Hence, the "effective date of the election" and the "date incorporated" I had entered in the form 2553 are wrong but I have already mailed it to the IRS.

 

My question is should I mail another one? Or it should be okay?

Best answer by Anonymous_

See https://www.irs.gov/instructions/i2553#idm139855003296080

 

You should be fine. If you want to be on the safe side, you can file an updated form.

1 reply

Employee
May 19, 2022

See https://www.irs.gov/instructions/i2553#idm139855003296080

 

You should be fine. If you want to be on the safe side, you can file an updated form.

May 19, 2022

Thanks for your help! Updated form you mean filing another same 2554 form?

Employee
May 19, 2022

Yes (2553)