Closed corp

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  • DTS
    Senior Member
    • Jun 2005
    • 1852

    #1

    Closed corp

    Some weeks ago, I started a thread under "delinquent payroll taxes", in which I wanted to know about reclassifying workers to employees. The owner IS going to file all the past due returns and pay these payroll taxes, but need to know something.

    This corp closed down all business activity, bank accounts, etc. the last week of November. Now that he's going to pay the back taxes, from where does he do this, his personal checking account?

    Any help on how to go about this would be appreciated!

    Thank you,

    Dennis
  • Bees Knees
    Senior Member
    • May 2005
    • 5456

    #2
    Since the corporation as an entity no longer exists, and he is personally liable for the payroll taxes as a responsible person, he pays it out of his personal checkbook, and gets a capital loss deduction on his personal 1040 for any expenses he pays for the corporation out of his personal funds.

    Comment

    • JohnH
      Senior Member
      • Apr 2007
      • 5339

      #3
      Applying payments

      If the corporation is out of business and the responsible party is taking steps to pay off delinquent taxes from his personal funds, he should be very careful to designate the payments. If he properly designates his payments to the trust fund portion of the payroll taxes, he won't have to pay the matching taxes or penalties. Those amounts would be assessed against the corporation and if it is legitimately out of business they won't need to be paid. This could save him thousands of dollars, but it must be handled exactly right.
      "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

      Comment

      • BOB W
        Senior Member
        • Jun 2005
        • 4061

        #4
        Originally posted by Bees Knees
        Since the corporation as an entity no longer exists, and he is personally liable for the payroll taxes as a responsible person, he pays it out of his personal checkbook, and gets a capital loss deduction on his personal 1040 for any expenses he pays for the corporation out of his personal funds.
        Bees> does that apply to trust fund monies ( personal deduction on 1040), are you sure?
        Last edited by BOB W; 01-22-2008, 10:52 AM.
        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

        • Davc
          Senior Member
          • Dec 2006
          • 1088

          #5
          Originally posted by BOB W
          Bees> does that apply to trust fund monies ( personal deduction on 1040), are you sure?
          The trust fund portion was already expensed as wages by the Corp so no.

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