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Professional Corporation in California — S-Corp election deadline missed

Started by worried_creator_CO · May 6, 2025 · 745 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
WC
worried_creator_CO OP

Quick background on my situation in California — any input appreciated.

S-Corp election deadline missed. I've been dealing with this for about 12 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but the other party is not cooperating.

Am I overthinking this or is this a real legal issue worth pursuing?

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the relevant statute, actionable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

NB
newbie_buyer_today

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NL
NursePractitioner_LA

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

TR
TruckerRights_OH

I went through almost the exact same thing.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

TW
throwaway_worker_2025

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

SA
seeking_advice_tenant_CA

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

AB
AgentBroker_TX

I've dealt with this before.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

DC
desperate_creator_CO

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

TR
TruckerRights_OH

I went through almost the exact same thing.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

HC
HRManager_Chicago

I've dealt with this before.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

ES
eComm_Seller_2022

I went through almost the exact same thing.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

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