Should I amend this 1120S?

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  • erchess
    Senior Member
    • Jan 2007
    • 3513

    #1

    Should I amend this 1120S?

    There was some confusion between me and the owner of an S Corp. I knew that the State had shut him down for nonpayment of tax and I also knew that the State was still open to reversing this action if the tax got paid. I thought he had decided to let it go. I therefore marked the Federal Return "Final", efiled it and got it accepted before personally carrying out the negotiations leading to its revival. I therefore filed the State as NOT final and gave it to client to mail because our state does not accept efiled entity returns.

    I should mention this is a "Zero activity" return and nothing is wrong with the Federal Return except the "Final Return" box is checked when it should not be. Should I amend? If I amend Federal should I amend the correct State return or wait for the inevitable letter from the State?
    Last edited by erchess; 03-14-2011, 03:23 AM.
  • ChEAr$
    Senior Member
    • Dec 2005
    • 3872

    #2
    No amendment necessary.

    If no return had been filed, then IRS might ask "where is it".
    but in this case, next year they will not ask "Why are you filing?"
    ChEAr$,
    Harlan Lunsford, EA n LA

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    • JohnH
      Senior Member
      • Apr 2007
      • 5339

      #3
      Harlan: Second question related to the original post. The corporation was under either a "Revenue Suspension" or a "Admnistratively Dissolved", which is cured by filing the missing reports and then paying a $25 reinstatement fee in NC. This brings the corp back to a status of being "in good standing" in NC.

      I seem to recall your having suggested on another thread (I think it was you) that once a corp is reinstated after an even of this type, if it's an S-corp then it would be a good idea to re-file the 2553. Yes or no?
      "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

      Comment

      • erchess
        Senior Member
        • Jan 2007
        • 3513

        #4
        Harlan or Anyone

        I would like an answer to JohnH's question too.

        Comment

        • erchess
          Senior Member
          • Jan 2007
          • 3513

          #5
          Bump

          I'd still like to know if I need to refile the S Election and also whether there is any problem with doing so needlessly.

          Comment

          • ChEAr$
            Senior Member
            • Dec 2005
            • 3872

            #6
            Gee, where have I been for the last 24 hours? Almost missed something here.

            If reinstated, yes, file the 2553 again. there should be no problem, and it will cover your bases.
            ChEAr$,
            Harlan Lunsford, EA n LA

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