What, if any are the legal issues with a form not being available?

Forum|Forum|1 year ago
December 16, 2024
3 replies
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Hello!

If a form is not available, in my case, an S Corp form, are there any legal implications for not filing on time?

Thank you!

Best answer by dmertz

No matter what the form, a form being unavailable does not extend the filing deadline. You are still required to file by the deadline (perhaps the extended deadline after timely requesting an extension) and then perhaps amend later.

taxlady28

There are multiple ways this question can be interpreted. Is it an IRS form or a form you need to receive from someone else?

If you need a form that is not available, then you normally need to wait for the form to become available before you can file. If your question is that the form is available from the IRS but not included in TurboTax, then you need to obtain the form from the IRS.

In some cases, people will file a return before all their needed forms are received and then file an amendment when the forms become available. Even if we know exactly what your question refers to, we cannot give legal advice on this forum.

nursepractitioner1Author

In my case, TurboTax said the document FORM 1120s, were not available until 01/21/2025 due to a Government update or changes to the form during the tax season, and that Intuit would let me know when they are available.

Opus 17

Employee

@nursepractitioner1 wrote:

In my case, TurboTax said the document FORM 1120s, were not available until 01/21/2025 due to a Government update or changes to the form during the tax season, and that Intuit would let me know when they are available.

Right, but you aren't due until 3/15, or you can get an extension.

The exact reason that a form is not in turbotax is always unclear. The form and the associated programming needs to be updated (if the IRS updated the forms), then tested, verified, and approved by the IRS before it can be released. Intuit doesn't really explain where the bottleneck is.

dmertzAnswer

Employee

Opus 17

Employee

Note that, most forms in Turbotax are currently unavailable or not ready to file, because it is too early in the season. Most if not all of the forms should be ready by January 31. Make sure to download and install the program updates as they come along (if using TT online, updates are automatic).

There should be no problem filing a form 1120-S for an S-corp by March 15. If for some reason the forms are still delayed in the tax program, you can get an extension.

In rare cases, the IRS will extend deadlines, but this only usually happens if there is a last minute retroactive tax law change that causes them to have to issue new forms and reprogram their computers.