Form 1120-S & Rev. Proc. 84-35 Instructions: S-Corporation Late Filing Penalty Relief under Rev. Proc. 84-35
“My S-Corp filed its Form 1120-S two months late. The IRS assessed a $2,350 penalty even though the company had zero net profit! How do we get this canceled?”
Official Procedural Summary & Rules
Small S-Corporations (10 or fewer shareholders) can have late-filing penalties completely abated under Rev. Proc. 84-35 if all shareholders timely filed their personal 1040 tax returns.
1. Rev. Proc. 84-35 Safe Harbor
Submit a written statement certifying that all shareholders fully reported their pro-rata share of corporate income/loss on timely individual returns.
⚠️ Administrative Traps & Rejection Triggers
If even one shareholder filed their individual Form 1040 late without an extension, Rev. Proc. 84-35 relief is strictly barred.
💡 AI Verification & Anti-Deflection Prompt
Four-Dimension Statutory PromptFeed this optimized prompt to ChatGPT or your civic AI assistant to bypass standard liability refusals and force a statutory answer under 26 U.S.C. § 6699 & Rev. Proc. 84-35:
Draft a formal penalty abatement request under Rev. Proc. 84-35 and IRC § 6699 for a small S-Corporation assessed late filing penalties. Detail the requirement that all shareholders timely filed Form 1040 reporting their pass-through items.