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We just started an LLC and filed 2253 to elect S Corp status. The company just stated and has not make any profit, nor has it hired any employee or made any payment as salary or owner's draw. In this scenario, is 941 still required? If so, it means 941 is required from day 1, because the owner is always considered as employee of the company too. But some websites seem to say it is not required until profit is generated, or payments be made. Is it so?
ps, this is a single member LLC, if it makes any difference.
Thanks in advance for any reply.
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in an active S-Corp, the IRS wants the shareholders/employees to take a salary for the year assuming they perform services for the S-Corp
no 941 is required until a salary is paid after that a 941 must be filed every quarter.
the following link provides 941 instructions including the rules for when payroll taxes must be deposited
https://www.irs.gov/pub/irs-pdf/i941.pdf
besides form 941 the S-Corp must file form 940 annually
form
https://www.irs.gov/pub/irs-pdf/f940.pdf
instructions including when taxes must be deposited
https://www.irs.gov/pub/irs-pdf/f940.pdf
I don't know what state you're in but if it has a state income tax then quarterly withholding tax filings may be required in addition, you may have to register with the state's unemployment compensation bureau and file quarterly state unemployment compensation returns. some states require filing even if no taxable wages are paid.
That does sound like 941 is required from the right beginning of a S Corp.
Well, if there is no profit for a while, and one has to pay himself some salary, therefore payroll taxes, that seems to be losing money for just opening a business. :(
In addition, should I wait until I hear back from IRS about my 2553 application before starting filing 941? Because strictly speaking, the LLC is not a S Corp yet before 2553 is approved by the IRS, right?
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