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April 7, 2020
Question

Tax Year Prior to 2020: I started an S corp in 2016 that did not generate any income or expenses.

  • April 7, 2020
  • 2 replies
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The S corp is still active. Is there something I need to add on my taxes, and where can I find information on penalties for not filing?

    2 replies

    LudwigVan_fan
    Employee
    April 8, 2020

    Here is a link to the instructions for Form 1120S.

    Who must file begins on page 2.

     

    Interest and Penalties begins on page 4.

     

    I did not read it in detail, but in a very brief glance, I didn't see anything that relieves the filing requirement for no current income/expenses.  Only if corporation terminated or the S election terminated, and even then, a final return appears to be required.

    https://www.irs.gov/pub/irs-pdf/i1120s.pdf

     

     

    **Disclaimer: Effort has been made to offer correct information; but due to the discussion forum limitations, the poster disclaims any legal responsibility for the accuracy of the poster's response**
    April 8, 2020

    @ " Started S corp in 2016 that did not generate generate any income or expenses" 

    It doesn't really matter whether the S corp generates any income or expenses, you have an obligation to file a tax return for the S corp every year.

    There are penalties levied at each shareholder of an S corp that can run well into a thousand dollars each for failure to file an S corp return.

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