Can I sign the 1120s tax return for my deceased father?

UPDATED: Oct 2, 2022

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Can I sign the 1120s tax return for my deceased father?

My father is 100 shareholder of an LLC that files 1120s tax returns. He has me
listed on the state site as mgrm along with his name and my brother’s. He passed
away recently without filing his tax return for 2018. He did not have a will and
I have not been assigned officially by the court as the executor or administrator
of the extate yet. Can I sign the corporate return form 8879-S so that the
return can be processed timely?

Asked on September 7, 2019 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were a manager (we assume that what's you meant by "mgrm") of the LLC, then you could sign the tax return in your official capacity for the LLC. The whole point of an LLC is that the LLC and the owner ("member" is the correct term for an LLC owner) are not one the same "person," and any LLC employee or representative with the necessary authority--e.g. an appropriate manager--can sign the return.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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