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05/24/2012 at 04:51PM PDT
Important Announcement! A planned system-wide upgrade will take place over the Memorial Day Weekend in the US (From Thurs, May 24, 2012 at 6 pm PDT thru Tues, May 29, 2012 at 5 am PDT). This includes QuickBooks, QuickBooks Payroll, Point of Sale, & Salesforce.com. This is only for US based products. This does not affect QuickBooks Online customers! During this time, you can shop, but can’t place orders online, activate products or update account info. We apologize for the inconvenience & thank you for patience while we improve our infrastructure to better serve you. International versions are unaffected. For more info, see our community discussion.
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Psion
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01/28/09 6:49pm PST
Viewed by asker 01/29/09 7:17pm PST

Need to file Fed/State Tax even though business is closed?

I formed an S-Corp in 2006, as a consquence of a lay-off. I paid taxes for tax-year 2006 and 2007.

In 2008, I submited Form 941 to the IRS and to EDD (State) indicating my business was closed as of 11/16/07. My Corp did not earn income as it was closed as of 11/16/07. I paid my annual corporation dues to the State in 2008.

Must I continue to file Fed & State taxes for 2008, even though there was no business income? Can I retain my S-Corp status in the mean time?

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01/28/09 9:43pm PST

You should finish out 2008. If you filed a 941, I'm assuming you have employees. You have the final quarterly 941 for 2008 if you ended in Nov. Check your payroll set up, you should need to file 940 for year end. I don't know what else, you might have State issues, retirement contributions to send or other employee benefit issues to wrap up, W2 and 1099 need to be run.

Your question about your corporation is something to ask your CPA, it's not a QB issue.

If this post answers your question, please give a "thumbs up" or mark this Solved to let others know about it.

If you get an emailed Survey, please take a moment to follow up here, too. Thanks!
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01/29/09 9:45am PST

Regardles if you are in business (open/still in process/closed) with zero activity you still need to file a tax return. Only when you dissolve your corporation - you file a return & mark it in the proper box final.

Good Luck,

Lordis Gawzner, EA

A2T Consulting, Inc.

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01/29/09 1:11pm PST

Hi Psion,

As long as an entity is still on file at the state (i.e., you have not officially filed dissolution documents), the corporation remains an existing legal entity, and therefore annual compliance filings, fees and returns are still required -- even if no business is being conducted at all. Generally speaking, unless an owner has some other reason for keeping an inactive corp in legal existence (for example: plans on using the corporate entity for future business activity), then the only way to eliminate the entity's continuing annual obligatons is to file dissolution documents with the state.

If you do have some reason for leaving the corp in existence even though no business is being conducted by it, to my knowledge the s-corp status of the corp is not affected by the lack of business income.

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Thank you all the responses -- I shall file my 2008 taxes.

Slaw888: "If you do have some reason for leaving the corp in existence even though no business is being conducted by it, to my knowledge the s-corp status of the corp is not affected by the lack of business income."

The only reason why I did not dissolve my corporation is -- the likelihood of my returning to being a consultant. The company I am currently working for, may not survive the current economic downturn.

Again, thanks to all!

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