In: Accounting
The IRS may not waive an invalid S corporation election if the failure is caused by: A. a failure to obtain required consents. B. a reasonable cause for a late election. C. a shareholder refusing to sign the consent during the IRS-approved extension period. D. an inadvertent failure to qualify as a small business corporation based on extenuating circumstances.
Answer :A
1)There are many reasons why forms are not filed and not timely
filed. Sometimes the mistake occurs at the time the corporation is
organized. For example, the shareholders may have contemplated that
the corporation would have S status from its inception, but the
necessary forms were inadvertently not filed, such as the
shareholder consent form. The Code and the IRS (through its
administrative
procedures) provide significant liberality in remedying a filing
failure.
2)Ordinarily, a timely filed S corporation election will not be invalid because a shareholder failed to file a timely consent to that election if (1) a reasonable cause for failure to file such consent (or consents) is shown, (2) proper consent is filed within an extended period granted by the IRS, and (3) new consents are filed by all persons who were shareholders at any time during the taxable year with respect to which the failure to consent occurred.