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Late Filing IRS Form 2238

Asked by: Henry - 1 February, 2013 I currently have a LLC (which I formed March in 2011) and I know I was late filing the IRS Form 2238, I want to file my LLC to file its own taxes, so can I fill out the IRS Form 2238 if I was late?
Answered by: Wray Rives - 1 February, 2013 Henry,

I am not familiar with Form 2238, unless you are talking about a Small Business Administration form. Do you possibly mean Form 2553, which is used to elect S-Corp status? If this is in fact the case, you can include a 2553 with your 1120S return and add an explanation of your reasonable cause for not filing on time. There is no guarantee that you will be granted permission to file as an S-Corp.


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