S.Corp expanding into another State.

[Brian EA]

S Corp is registered in Florida, however one of the shareholders decided to start doing business in Georgia.
I figure all of the income will be reported by the S Corp and the GA Income will be reported on the GA Return.
A Florida tax return for an S Corp is not required.
Would there be a need to open another S Corp?
Thanks
Brian

[Beersheba]

No need to create another SCorp.

Is it the shareholder doing business in Georgia? or is it the S Corp doing business in Georgia? If it is the S Corp:

The S Corp will have to File a Georgia return as a FOREiGN corporation, since its headquarters is in Florida. It will have to allocate its income between Florida and Georgia, even though a Florida return is not required. The allocation is usually based on a "three-factor" formula, or some variant of that.

Once having allocated its income to Georgia, a Georgia version of the 1120S will be required to report, with Georgia version of K-1s sent to all shareholders. Then ALL of the shareholders (not just one of them) will have to file personal Non-resident returns to Georgia if their portion of income exceeds Georgia filing requirements.

[Brian EA]

It is the Shareholder doing S Corp business in Georgia.
Based on your response, it means that two S Corp returns will have to be filed.
The Shareholder has already registered the firm as a foreign entity in Georgia.
Thanks
Brian

[Beersheba]

If only the shareholder (and not the S Corp) is doing personal business in Georgia, no S Corp state return is required if Florida does not require it.

The shareholder (and not the S Corp) should file a personal non-resident return for Georgia.

[Anarchrist]

If an S Corp that is incorporated in the state of FL has nexus and is operating in GA, the S Corp needs to file a GA S Corp tax return (https://dor.georgia.gov/2021-600s-co...n-tax-return-0 & https://dor.georgia.gov/document/doc...oklet/download). So yes, it needs to file two returns, a federal 1120S and a GA 600S.