PLR 200324012: Late election accepted for corporation's first taxable year

Plain-English summary

A corporation's shareholders intended S corporation status for its first taxable year, but no Form 2553 was filed on time. The corporation asked for relief under section 1362(b)(5). The IRS found reasonable cause and ruled that an election for that first year would be treated as timely if the corporation filed a completed Form 2553 within 60 days of the letter, with the letter attached. The IRS did not determine whether the corporation otherwise met the small business corporation requirements of section 1361(b).

Ruling snapshot

• Question: Can the corporation's S election for its first taxable year be treated as timely?
• Outcome: Approved, conditioned on filing Form 2553 within 60 days.
• Key authorities: IRC §§ 1361(b), 1362(b)(5).

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury

Number:200324012
Washington, DC 20224
Release Date: 6/13/2003
Index Number:1362.01-03
Person to Contact:

Telephone Number:

Refer Reply To:
CC:PSI:2-PLR-156277-02
Date:
February 13, 2003

Legend

X
=
EIN:

Date 1 =

Year 1 =

Dear

This letter responds to a letter October 7, 2002, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.

The information submitted states that X was incorporated on Date 1. The shareholders of X intended for X to be an S corporation for its first taxable year. However, no timely filed Form 2553, Election by a Small Business Corporation, was filed on behalf of X for Year 1.

Section 1362(b)(5) provides that if -- (A) an election under § 1362(a) is made for any taxable year after the date prescribed by § 1362(b) for making such election for such taxable year or no such election is made for any taxable year, and (B) the Secretary determines that there was reasonable cause for the failure to timely make such election, the Secretary may treat such an election as timely made for such taxable year.

Based solely on the facts and the representations submitted, we conclude that X has established reasonable cause for failing to make a timely election to be an S corporation. Accordingly, provided that X makes an election to be an S corporation by filing a completed Form 2553 with the appropriate service center effective for its Year 1 taxable year within 60 days following the date of this letter, then such election will be treated as timely made for X's Year 1 taxable year. A copy of this letter should be attached to the Form 2553.
PLR-156277-02
2

Except as specifically set forth above, no opinion is expressed concerning the federal tax consequences of the facts described above under any other provision of the Code, including whether X was or is a small business corporation under § 1361(b) of the Code.

This ruling is directed only to the taxpayer who requested it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.

Pursuant to a power of attorney on file with this office, a copy of this letter is being sent to X.

Sincerely yours,

Matthew Lay
Senior Technician Reviewer, Branch 2
Associate Chief Counsel
(Passthroughs and Special Industries)

Enclosures: 2
Copy of this letter
Copy for § 6110 purposes