LLC filing 2553 - dates of inc and state of inc

[schirallicpa]

Perhaps a dumb question.  But the LLC is not incorporated.  Do I answer these questions?

[DANRVAN]

Just put in the effective date of the S-corp. election.  

[Lee B]

The instructions don't address this, but I would leave them blank.

[DANRVAN]

2 minutes ago, cbslee said:

The instructions don't address this

That is true, but I put in the date that will show as the beginning of the first tax year on 1120-S rather than leaving it blank.   Have not had an issue with it. 

[DANRVAN]

10 minutes ago, DANRVAN said:

date that will show as the beginning of the first tax year

Date of incorporation that will show on 1120-S.

[Lee B]

1 hour ago, schirallicpa said:

Perhaps a dumb question.  But the LLC is not incorporated.  Do I answer these questions?

It appears to me that you have interpreted the issue correctly. I think that the date of incorporation and the state of incorporation are "state" related questions

not "federal" related questions and that is why I would leave the questions blank.

[DANRVAN]

1 hour ago, cbslee said:

not "federal" related questions

I have to disagree, otherwise why would they ask the questions?

My interpretation is the IRS wants to know when the entity was incorporated and in what state.   

In the OP, the incorporation date is the same as the effective S-CORP election date, that will match the incorporation date on 1120-S.

1 hour ago, cbslee said:

I would leave the questions blank.

And possibly receive a rejection or request for additional information?

Have you filed one that way before?

[Lee B]

25 minutes ago, DANRVAN said:

 

My interpretation is the IRS wants to know when the entity was incorporated and in what state.   

Exactly my point

[Lee B]

26 minutes ago, DANRVAN said:

 

Have you filed one that way before?

Yes, I filed one that way early this year.

[DANRVAN]

6 minutes ago, cbslee said:

Exactly my point

Hate to drag this on, but then why leave it blank and withhold the information requested by the IRS?

Here is a second "opinion" per   https://www.thetaxadviser.com/issues/2013/dec/casestudy-dec2013.html                                                                                  "......the effective date of the S election could be entered."