Skip to main content
December 7, 2023
Question

S-Corp Does the law require an S-Corp. to file with the IRS even if it has no income?

  • December 7, 2023
  • 3 replies
  • 0 views

Does the law require an S-Corp. to file with the IRS even if it has no income?

 

    3 replies

    Employee
    December 7, 2023

    @brotherrolf3212 wrote:

    Does the law require an S-Corp. to file with the IRS even if it has no income?


    Yes. 

     

    See https://www.irs.gov/instructions/i1120s#en_US_2021_publink11515kd0e292

    Critter-3
    December 8, 2023
    Do you have to file a tax return for an S Corp with no income?
     
    S Corp owners must file Form 1120-S, U.S. Income Tax Return for an S Corporation. Both C and S Corps follow the same guidelines for filing taxes with no income. If you had no income, you must file the corporation income tax return, regardless of whether you had expenses or not.   https://smallbusiness.chron.com/need-file-initial-return-s-corporation-activity-75813.html
    Employee
    December 7, 2023

    Even if you don't have income, you may have expenses, including depreciation on prior assets, and that needs to be accounted for and tracked.  You may have a loss that can be carried forward, but it needs to be reported and filed.  If the business has no activity because it is defunct/ended, then you need to file a closing return to close the business.

    Employee
    December 7, 2023

    For clarity: Even if the corporation has no expenses, depreciation, assets, carryforwards, et al, an 1120-S still needs to be filed as long as the S corporation election remains in effect. 

     

    Returns (Form 1120-S) can continue to be filed, regardless of activity, as long as the election remains in effect.

    December 7, 2023

    The IRS still does not answer the question specifically.