What This Letter Means

Letter 3853C covers a Form 1120 or Form 1120-S filing requirement mismatch. Your corporation filed a return that doesn't match what IRS records show about its S corporation status. The return couldn't post to your account until the conflict is resolved.

Two common situations trigger it:

  • You filed Form 1120-S, but IRS records show no accepted S election, or show an election effective for a later year, or show the election was revoked or terminated.
  • You filed Form 1120, but IRS records show an S election in effect for that year.

What the Letter May Ask For

The letter is written for your situation. Depending on what the IRS found, it may:

  • Ask for a copy of your IRS-approved Form 2553, or the IRS notice accepting your election.
  • Tell you the effective date of your S election, or of its revocation or termination, and explain why the form you filed is wrong for that year.
  • Tell you the IRS has no record of a Form 2553, and that you may be able to request relief for a late election under Revenue Procedure 2013-30.
  • Ask you to send a corrected return on the right form.

What to Do

  • Find your election paperwork. The IRS acceptance notice for Form 2553 is the best proof you have.
  • Respond by the date on the letter and include a copy of the letter.
  • Don't refile on the wrong form. Fix the election question first.
  • If you missed the election, deal with late election relief before filing any more 1120-S returns.

Get this right. Whether the corporation is an S corporation affects every year after this one, and it affects the shareholders' individual returns too.

If your S election is in question and you need it fixed, call us at (813) 229-7100.