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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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