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Hello and thank you for using Just Answer,There are a number of ways to correct the Final marking of the filed federal return. You can file an amended Form 1120S return to change the final box on your prior return, you could also just call the IRS business help line and explain to them the situation and they will re-activate your filing requirements so that the corporation is shown as an active filer again, or you could attach a note to the next Form 1120 you file stating that the final box was marked in error on the last return.
CA requires that the SOS be notified or the CA corp is not final for state purposes.
Unfortuantely, CA can and does require the filing of the returns.
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We were late in complying with some of the state requirements and therefore the dissolution request to CA-SOS. We got back the dissolution request saying Corp is suspended. So I called FTB and they said file returns for 2012 and 2013 before you can dissolve.
and pay Taxes($800 min for CA), Interest and Penalties for 2012
Is there any way around these requirements for CA dissolution ?
Only the SOS could advise if under the specifics the corporation could be reinstated without paying the penalty. The fees would most likely not be over looked but of course the interest would be lessened if they do not require the penalty.Unfortunately you will need to get the corp reinstated so you can dissolve it properly.
Under CA rules you would have to
My first preference is to dissolve.
w/out paying any additional taxes to CA
But to do so you would have to follow the steps and as I said you can ask for abatement of the penalty.
I did but they are not budging, that's why I am here getting another opinion
If you made your request and SOS denied it then I am afraid they have the last word on that. The steps to dissolve are under the CA law.
Since it is not yet dissolved, I am thinking (just maybe ???) to continue running the Corp
In this case does it matter that the 966, 1099-Div was filed along with the return ?
The state would still require that you reinstate the standing of teh corp. This too would require that you file teh outstanding returns and fees would apply.
Yes, I do understand that.
For Federal purposes: Does it matter that the 966, 1099-Div was filed along with the return ?
To start doing business again, no it should not matter. You would be better to call the business line though for the IRS. They can assist you in changing the mark of final return on the last form quicker.(800)(NNN) NNN-NNNN/p>
You are most welcome
Your positive rating is always thanks enough.