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P. Simmons
P. Simmons, Attorney
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Experience:  12+ yrs. of legal experience.
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I formed a corporation in New York State about 3-4 years ago.

Resolved Question:

I formed a corporation in New York State about 3-4 years ago. I have never conducted business under the corporation. When I checked with the Dept. of State my corporation is still active. If I want to start using my corporation right now do I have to pay any fees or back taxes ?
Submitted: 5 years ago.
Category: Business Law
Expert:  P. Simmons replied 5 years ago.
Have you filed your biennia statements for this corporation? Have you filed a tax statement with the state or the IRS?

Customer: replied 5 years ago.
Well I dont know what a biennia statement is and no I have never filed a tax statement for this corporation. I formed it about 3-4 years ago for a venture I was to start but never got aroudn to it. But I never dissolved it and now I want to start using it.
Expert:  P. Simmons replied 5 years ago.
Thanks

I assume this is a for-profit corporation? Was it formed by an attorney? Do you have the articles of incorporation?
Customer: replied 5 years ago.
Yes it is a for-profit. I formed it myself using www.legalzoom.com. Yes I still have the filing receipt and seal and book.
Expert:  P. Simmons replied 5 years ago.
Got it

OK, I would start here

http://www.dos.state.ny.us/corp/corpwww.html

Since this is a NY corporation, NY law will apply. That is you need to comply with NY law to keep this Corporation "legal".

You will find on this page a requirement for NY Corporations to file a "bi-annual" statement. Basically, this is a statement from the corporation to the state of NY every 2 years to document the progress of the corporation. Since there has been no activity, this should be fairly straight forward.

From the state website:

A business corporation is required by Section 408 of the Business Corporation Law to file a Biennial Statement setting forth: (a) the name and respective business address of its chief executive officer; (b) the street address of its principal executive office; and (c) the post office address within or without this state to which the Secretary of State shall mail a copy of any process against it served upon him or her.

The filing period for a corporation is the calendar month in which its original Certificate of Incorporation or Application for Authority was filed (or the effective date thereof, if stated). The Biennial Statement is made on a form provided by the Secretary of State which is automatically mailed to the most recent principal place of business on record; if none is listed, the form is mailed to the address for the Secretary of State to forward service of process. The statutory filing fee is $9. A corporation wishing to file a Biennial Statement that has not received a form may request one by phone ((518)(NNN) NNN-NNNN or in writing; the corporation's name must be included with the request.





You also need to file taxes. Again, if not income, this is simple and you would not expect to be taxed...but you need to file. If you have not yet done so, you will need an Taxpayer ID no. You can get one from www.irs.gov.


SO, I suspect there will be some fees associated with this "restart" but I suspect they will be nominal.


Read through the states corporation website...then call up the state agencies that handle these matters (corporations and taxes)...I suspect this will not take too much effort






P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 26352
Experience: 12+ yrs. of legal experience.
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