IRS Letter 3853C- Filed Incomplete Form

IRS Letter 3853C- Filed Incomplete Form

IRS uses Letter 3853C to notify you because an incomplete or erroneous business income tax return (Form 1120 U.S. Corporation Income Tax Return or Form 1120S U.S. Income Tax Return for an S Corporation) was filed. This letter is generated because either the return did not include all the required information, or the IRS was expecting a Form 1120 and instead received a Form 1120S, or vice-versa.

What you need to do?

We would advise you to review the Form 2553 you filed, and the instructions for the form which outlines what the effective date of the election would be based upon when it was filed, to ensure the IRS letter is correct. CLICK HERE to access the instructions for Form 2553.
If you do not agree with the letter, you will want to contact the IRS and verify the letter was accurately generated and, if necessary, provide proof of when your corporation should be filing Form 1120 and when it should be filing Form 1120S.
Depending on what is outlined in the letter you received, you may need to provide a copy of your statement of revocation or termination, if one had been filed, OR information if you qualify for relief under Revenue Procedure 2013-30.
If applicable, those items would be explained further in the letter and there is also information available in the Form 2553 instructions. If you are a tax professional contact the IRS at 1-866-255-0654. If you are the taxpayer, contact the Business & Specialty Tax Line at 1-800-829-4933.

If you determine the IRS letter is correct, you would need to complete, as the letter instructs, either Form 1120 or 1120S and submit it to the IRS. If the IRS has already accepted a Form 1120 or 1120S filed under the EIN of the corporation, we do not believe they will accept another electronic filing with the same EIN (even if the return is now a different form), and so you would need to paper file the return.

What are your options?

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What is my first step?

If you received a letter or notice, a decision has to be made. Do you feel confident to handle this situation on your own? If it is a simple issue and you already know the answer, call or write them. If the issue is more complicated, you need to hire a Certified Tax Resolution Specialist. The IRS or State will take full advantage of your lack of knowledge and experience.

What is Your Next Step?

The next step is to determine if the notice was sent in error. Do you have an outstanding tax liability? Do you have unfiled or incomplete returns?

Is There a Time Limit?

Yes, each letter or notice from the IRS or State will indicate a date that you MUST to contact them by. If you need more time, call the number on the notice or letter and request an extension. DO NOT ALLOW the time to expire without contacting them or hiring a representative to contact them for you.

What You Don’t Want to Do!

What you don’t want to do is nothing. Your tax problems will only get worse if you ignore them. If you cannot pay, there are a number of potential solutions available to those who are otherwise in compliance. In compliance means having all tax returns filed and any balances paid or on a payment plan. If you have outstanding debts or unfiled returns, you need to get hire a Certified Tax Resolution Specialist.

Get Some Help

If you don’t know how to address the issue(s), have unfiled return/unpaid balances or just done feel confident, let the experts at Legacy Tax & Resolution Services represent you. Work with our team of Certified Tax Resolution Specialists to resolve your issue(s) quickly. Best of all, you don’t have to talk to the IRS or State; we can speak on your behalf.