Hi John,
sorry for your situation, but we need to separate all your transactions as they should be treated differently.
Th e distribution from 401k should be reported as your ordinary income for 2006 (when the distribution took place. Additional 10% early distribution penalty will be added if the owner of 401k is below 59 1/2. There are some exemptions - we need to verify if you nay use any - but generally chances are low.
Your business investments - we need to know the legal type of your business - was that solo proprietorship? LLC? S-corporation, C-corporation - as your investments may be treated differently.
Was you the only owner of your business or there were partners?
We also need to know when (in which year) the business started to operate - all expenses before that are treated as start-up expenses, and after that - operational expenses.
We need to separate initial investment into your business and a loan.
Did the business have any other loans or debt obligations?
Did the business file for bankruptcy protection?
Was there a liquidation sale of business assets?
Please provide as much details as possible - I will stay with you and provide you a path forward with your tax filing.
Hi Lev,
The business was an S-Corp. My wife and I were the only officers as well as the only shareholders. The articles of incorporation were filed at the very end of December of 2005. The bank account was opened in the first week of January of 2006. I left for the first job in Chicago on January 11th, 2006. I finished the last job on July 2nd, 2006 - monetarily on fumes due to the unpaid extras that I previously mentioned. We had pumped approximately $40,000 more into the business during the almost six month period to keep the business expenses paid (which included wages for the hired help, equipment rentals, and living expenses) until we got paid for the completed work. There were no other loans to the business from other sources. The only other debt obligations that it had were lingering equipment rentals which I paid from auto mechanical side work that I returned to doing in the latter half of 2006 to generate income to survive on.
Since I was so burned out and beaten down, I did nothing with the business. I just wanted the bad experience to go away. The business did not have any real assets because I had the necessary tools, truck, and tool trailer that I owned and had been paid for previously. I did not file for bankruptcy protection nor have I done anything else to formally close the business. I still have all of the paperwork involved - receipts, invoices, etc., and I am still paying on the $10,000 business credit card debt that was owed when I had to stop operating that entity. The balance on that card is still $7,200. I know that leaving it as I did is not the correct thing to do, but that time was the hardest six months in my life - so much work and effort - just to end up with so much loss. I apologize for getting away from the facts a bit.
As S-corporation was registered - the IRS expects tax returns - form 1120S - each year unless it is closed.
As all business activities were in 2006 only - you might want to eliminate the corporation as of 2006.
Here is the form 1120S for 2006 - http://www.irs.gov/pub/irs-prior/f1120s--2006.pdf - when you file the return - you will mark "Final" is the header (section F) and will not need to file tax returns for your corporation.
Here are instructions - http://www.irs.gov/pub/irs-prior/i1120s--2006.pdf
Filing this form is a major challenge. It is recommended to have a tax professional to prepare the tax return - but that might be expensive - the IRS determines such job might take ~50 hours - see page 38 in instructions. And that might take even longer considering reading instructions and learning from IRS publications
If you decide to fill on your own - I still suggest to have someone to verify your filing.
For 2005 - do not file Form 1120S for any tax year before the year the election takes effect (to be an S-corporation by filing Form 2553) - if you made election for 2005 - you need to file that tax return as well and mark "Initial return" in the header. As your operations were not started in 2005 - all amounts would be zeros.
Just in case here 2005 form 1120-S - http://www.irs.gov/pub/irs-prior/f1120s--2005.pdf
It is good that you keep all business records.
As you mentioned - S-corporation used the necessary tools, truck, and tool trailer which you owned - that should be reported as your contribution into S-corporation and depreciation may be deducted for the business use.
Also the loan you are still paying and are responsible - also should be treated as your loan to S-corporation.
S-corporation should issue to you as a shareholder (and to the IRS) a schedule K-1 - http://www.irs.gov/pub/irs-prior/f1120ssk--2006.pdf - that schedule should report the business loss in the box 1
The minimum penalty for filing a return more than 60 days late is the smaller of the tax due or $100. The penalty will not be imposed if the corporation can show that the failure to cause. If the failure is due to reasonable cause, attach an explanation to the return.
You mentioned that you paid "wages for the hired help" - how these payments were reported - W2s? 1099misc? were these persons your employees? or they were self-employed service providers?
Your losses from S-corporation may be deducted on your personal tax return - but such losses are limited by your initial investments plus your loans to S-corporation.
As all losses are resulted by your contributions and loans.
On your personal tax return - losses from the schedule K-1 - will be reported on the schedule E - which should be attached to your personal tax return - you may report these losses on in the year they occurred - in 2006 - http://www.irs.gov/pub/irs-prior/f1040se--2006.pdf - part II line 28.
Here is a form 1040 you should use - http://www.irs.gov/pub/irs-prior/f1040--2006.pdf
Let me know if you need any help.
Tax Preparer
Personal Investment, Tax Preparation
Lev,
Thanks very much for pointing me in the right direction. How can I get in touch with you if I have more questions in the future?
Appreciate for accepting the answer and for the bonus.
You may ask a question on Just Answer starting "Attn LEV"
Please be aware that I might not be immediately available - so please forgive me in case I would not respond promptly.
Thank you for warm words.