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Urgent Help! - LLC/S Corp Dissolution Questions

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    Urgent Help! - LLC/S Corp Dissolution Questions

    I have a client that formed an LLC in 2005 and elected to be treated as an S Corporation. Within the LLC there are three activities; (1) rental house, (2)investment home, (3) health massage business. As you might expect, there is no accounting system or books. I did their return last year based on summary spreadsheets they provided, and did not review cancel checks, etc. Since the assets and receipts are less than $250,000 no Schedule L was required, or prepared. I might add the assets are few. Mostly the purchase price of the homes & land, and a customer list for the health massage business that was purchased.

    It's my understanding the client created another S-Corporation during 2007 (before he saw me) for the health massage business. Of course, nothing was really changed in the practice of the health massage business. No minutes or additional capitalization.

    The rental house was sold in 2007 and health massage business discontinued. They'd like to liquidate the LLC and newly created S-Corporation after filing their 2007 returns.

    My initial thought is to ignore the newly created S-Corporation since it was never really utilized, and avoid the complications caused by separating the massage business into a new S-Corporation, filing a tax return, then liquidating it.

    Instead, I'm considering simply reporting the income & expenses all on the first S-Corp (like last year) then liquidating that business and then closing/liquidating the unused S-Corp (however that's done)

    I'd really appreciate some input on this situation, and any guidance on the liquidation process that can be provided. Thanks in advance for your help.

    UPDATE: CLIENT CEASED OPERATIONS, BUT CONTINUED TO PAY EXPENSES INTO 2008 FOR RENT, ETC. I ALSO LEARNED THE SMALL PAYROLL WAS PAID USING NEW SUBCHAPTER S TAX ID FOR THE MASSAGE BUSINESS. I'M ALSO TOLD THEY HAD SOME RECEIPTS IN 2008 FOR RECEIVABLES (I'M NOT SURE I BELIEVE THAT SINCE THEY ONLY MENTIONED THE RECEIVABLES AFTER I SAID I WAS HOPING THEY CLOSED THE BUSINESS). SO, I THINK I'M STUCK WITH SEPARTING THE BASIS OF THE MASSAGE BUSINESS FROM THE ORIGINAL LLC (ELECTED TO BE TAXED AS AN S-CORP), THEN PREPARING TWO 1120S RETURNS, LIQUIDATING OR CLOSING BOTH. OF COURSE, THEY'LL HAVE NO IDEA OF THEIR BASIS AMOUNT.
    Last edited by Zee; 03-31-2008, 03:05 PM. Reason: UPDATE

    #2
    That is what I would do

    Just because they formed a new Scorp does not mean they transferred any assetts to it or officially conducted any business thru it. And by the sounds of thier record keeping they probably did not. As such, I would ignore it and do as you suggest and report all activity on the original Scorp.

    As for closing down and liquidating, the formal by the book method is preparing articles of dissolution and sending them in with a 966 to IRS. However, in insignifigant instances such as this one, I have had good success with simply checking the "final return" box on the 1120 or 1120s, provided of course that you show on the sch L that the end of year bal sheet is all zero'd out.

    Harvey Lucas

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      #3
      Is everyone too busy to answer

      Honest...you won't violate board policy. I've purchased the Taxbook since it's inception, and I'm a professional tax preparer.

      Comment


        #4
        Zee

        Take a deep breath and hang in there!

        Everyone knows you are a regular and valued contributor to the board. Maybe, circumstances today have sidelined quick answers to your post, but someone will jump in for you.

        Dennis

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          #5
          I do not work with S-Corps what-so-ever. I wish I could help, but I'll try bumping you to the top and maybe Bees will show up.
          http://www.viagrabelgiquefr.com/

          Comment


            #6
            Bad books S-corps *ugh*

            I always cringe when I get a call with a new S-corp. No one ever keeps the proper books in standard accounting. They all have their little sheet of paper with their "bookkeeping" jotted down. You never really know how much they took out of the business by "owner draw" or how much they put into the business from their personal pockets.

            I agree that you could keep the massage with the original s-corp as it was filed last year. It existed last year, they aren't going to question it.

            Mark that return “final” It is my understanding that it is all you need to do now for federal as long as you do show on the schedule L that there is nothing left in assets.

            Have you even thought of the state yet? I have more problems with PA trying to close an S-corp than I ever had with the IRS ( I’m in one battle right now with the state trying to close one. I did send the federal simply marking the final box)

            You haven’t filed these returns yet? You probably could file the new S-corp and mark BOTH “Initial” and “Final” and put zero on the return. Put a note with the return stating no business was started and they wish to close it, then mail it in. If they want more, they will send a letter back stating what they want. They will most likely just close it. (They are too busy with "Stimulus" program to be bothered right now LOL)
            "And So It Begins!!!"

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              #7
              I didn't post because the answer Harvey posted was correct to me

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