As it was mentioned before the S-Corp will have to file a Georgia return. Whether the members would have to file a Georgia state return or not depends on what their income will be. The filing requirements for Georgia non-residents are:
- If you received Georgia sourced income, like wages, Georgia lottery winnings, Income from flow through entities (S-Corporations, Partnerships, LLCs, Trust, and estates, or rents and If you are a legal resident of another state, you are not required to file a Georgia income tax return if:
- Your only activity for financial gain or profit in Georgia consists of performing services in Georgia for an employer as an employee
- The compensation for services performed does not exceed the lesser of five percent of the wages in all places or $5,000.00
A full explanation the filing requirements for non-residents is provided in the IT-511 Individual Income Tax Booklet.
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