S-Corp shareholders TP & Spouse got divorced in 2011. Both 50/50 owners. S-Corp closed in 2011. I represent the spouse only who is an officer but not the President and according to the spouse, her ex "refuses to file a tax return on their S-Corp" when the spouse handed him his K-1. In the past the spouse, signed the S-Corp tax return. Is there anything prohibiting her from signing again?
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What does the operating agreement say?Michael -
Someone needs to sign and file the Corp return. There was no objection in the past to spouse signing so I would suggest spouse sign and file reurn ASAP. Forget what President says as it appears that Spouse is the TMP and he is in violation of his duties as President of the Corp.This post is for discussion purposes only and should be verified with other sources before actual use.
Many times I post additional info on the post, Click on "message board" for updated content.Comment
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Any officer may sign the 1120S, so she is within her rights to do so.
The founding document of a corporation is the articles of incorporation, or state charter.
(Not an operating agreement) However even this is not the place for any officer to be appointed TMP. It would be in the corporate bylaws if anywhere.ChEAr$,
Harlan Lunsford, EA n LAComment
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