S-Corp Tax Troubles
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Returning Member

S-Corp Tax Troubles

I have a joint partnership S-Corp that we started in December 2013. I just found out that I needed to have filed tax returns for every year of the business, although we never did anything with it until 2018. Where do I start with the IRS and just how bad is this problem???

10 Replies
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Level 15

S-Corp Tax Troubles


@csehomesolutions wrote:

Where do I start with the IRS and just how bad is this problem???


It is sufficiently bad to warrant an in-person consultation with a qualified tax professional. The returns are clearly way past due and there are penalties involved for late filing.

 

See https://www.irs.gov/instructions/i1120s#idm140155513553648

 

A tax professional experienced in entity taxation may be able to ameliorate penalties in part or entirely.

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Returning Member

S-Corp Tax Troubles

@ tagteam... we paid a lot of money to the people who set this S-Corp up for us, why would they not make sure we fully understood this important aspect of taxation? We almost squashed the business altogether and I can't believe this was overlooked... But thank you sooo much for your prompt response...

Highlighted
Level 15

S-Corp Tax Troubles


@csehomesolutions wrote:

@ tagteam... we paid a lot of money to the people who set this S-Corp up for us, why would they not make sure we fully understood this important aspect of taxation? We almost squashed the business altogether and I can't believe this was overlooked...


I honestly do not have a clue about why you were not informed of the facts and circumstances regarding ongoing filing obligations (both federal and state). 

 

However, there are myriad firms that do nothing more than file articles of incorporation (or organization) for a fee and leave the principals thereof to fend for themselves, providing no additional support services. 

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Returning Member

S-Corp Tax Troubles

@ tagteam... All of the business income was earned in Texas, I know personal income is not taxable, what about business income?

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Level 15

S-Corp Tax Troubles

Texas has a franchise tax for S corporations, not an income tax, and it most likely does not apply in your case.

 

See https://comptroller.texas.gov/taxes/franchise/

 

S corporations have a federal filing requirement for each tax year, regardless.

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Level 15

S-Corp Tax Troubles

I have a joint partnership S-Corp that we started in December 2013. I just found out that I needed to have filed tax returns for every year of the business, although we never did anything with it until 2018.

Corporate tax returns are due by March 15th for each year. With an extension (which you obviously never filed) it would be due by Sept 15th. The late filing penalty for a corporate return is $200 per month, per member. So with only two owners and you haven't filed for 4-5 years, your penalty already exceeds $10K easily. So it's perfectly possible your S-Corp may already be bankrupt and you just don't know it yet. Then there's the minimum required distribution all owners are required to take each year. There's a penalty for not having done that too. As I see it at this point in time and with the limited information provided, you're already in some very deep kimshee.

Where do I start with the IRS and just how bad is this problem???

Start by hiring a tax professional who is well versed not only with federal taxes, but state taxes for whatever state the business is registered in, as well as any states the business may have conducted business in. A tax professional "might" be able to alleviate or at least reduce the fines and penalties that will be assessed by the IRS. Your state will also assess fines and penalties if you were required to provide any tax reporting to them and didn't. So you'll have a migraine and not just a headache. The cost of professional help is going to be a pittance in comparison to all the fines and penalties that have been and continue to accumulate. Then if the business has any taxable income when all is said and done, the cost of that professional help can be claimed and deducted as a business expense.

So get professional help yesterday, if not sooner.

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Returning Member

S-Corp Tax Troubles

Any suggestions for a reputable professional that may be able to help me at a reasonable cost???

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Level 15

S-Corp Tax Troubles


@csehomesolutions wrote:

Any suggestions for a reputable professional that may be able to help me at a reasonable cost???


Try an EA (enrolled agent).

 

See https://www.naea.org/find-ea-0

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Level 10

S-Corp Tax Troubles

Before you visit a tax professional to provide assistance, make sure you have the following information for your meeting:

  1. A copy of your articles of incorporation.  This may be articles of organization since your facts are somewhat confusing since you stated "joint partnership S Corp".  This could mean that you were organized as a partnership / LLC and elected S corporation status.
  2. A copy of your S election form 2553
  3. A copy of the IRS letter that accepted your S election
  4. Be able to provide detail on the business activity; when did the business actually begin doing business.  While you still would be required to file form 1120-S even if you had no income or expenses, this fact may be helpful in mitigating penalties for not filing.
  5. When responding to the IRS, always make sure you send your responses certified mail return receipt requested.  This is inexpensive insurance to prove that the IRS did in fact receive your response.
*A reminder that posts in a forum such as this do not constitute tax advice.*
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Level 15

S-Corp Tax Troubles

@csehomesolutions Your profile indicates you are using TurboTax Business. So, in addition to all of the foregoing questions you need to answer, did you prepare a Form 1120 or a Form 1120-S?

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