Where do I file

Forum|Forum|2 years ago
May 2, 2023
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I have a LLC that was formed in MD. I made an S election for it to be treated as a S Corporation as of 1/1/2022. I moved to GA on 2/1/2022 and all income from the LLC was made in GA. Do I file a S Corporation in MD and in GA for 2022?

Best answer by Anonymous_

I am not sure if you read before you reply. I said it was formed in MD and registered there, I never had any income in MD only GA. I moved before I had any income from MD to GA. My confusion is if I file in MD(since the LLC is registered there) and a S Corp in GA since all income was derived in that state.

@globug666 wrote:

I am not sure if you read before you reply.

Similarly, I am not sure why you cannot comprehend what I wrote.

To elaborate, there is no need to file a state income tax return where you are not employed, or you or the entity does not do business. If there was no MD source income, then there is no need to file a tax return for that state.

Again, since the LLC was formed and is currently registered in MD, you will almost certainly have to file an annual report with that state. You may also have to register the entity with GA.

Carl11_2

Employee

The 1065 is filed with the IRS and the state the S-Corp is registered in if that state requires it. That's it. The k-1's issued by the S-Corp is filed on the personal tax return of the recipient of the K-1, as well as the resident state of that owner, if their resident state also taxes personal income. (GA and MD do tax personal income)

So if you moved from MD to GA during the tax year "and" GA became your resident state, you'll be filing a part-year resident state return with both MD and GA.