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Corp filed "final" return in 09. But NYS denied dissolution


schirallicpa

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I have 2 of these this year. We filed final returns in 2009. NYS will not "dissolve" a corp until all past due taxes are taken care of. In both cases there was still NYS sales tax liabilities outstanding. So - since they are still on the NYS rosters, do returns need to be filed this year? I think yes - but of course my clients do not appreciate another bill.......

Any thoughts?

Many thanks.

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I WOULD FILE AND PAY THEM THE $25,

Yep - you're right. I had a corp try to dissolve a few years ago and NYS wouldn't let them because they had never filed a return for their first short year of existence way back when. They had no income nor exp, and so had not filed a retun. Ok for Fed, but not for NYS.

thanks for commenting. I appreciate it.

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>>NYS wouldn't let them <<

You might not believe this, but California actually did the fair and reasonable thing on this point. We now have a streamlined procedure for dissolving a corporation. Of course, owners and officers will still be pursued for back taxes, but a tax clearance letter is no longer required so the company can be closed down without running up more accounting costs and the minimum tax of $800 per year.

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Like the real old days when Corp where hard to dissolve in NYS. If your clients have any bal-s,do nothing and theoretically their is an auto dissolution by the state legislaure in two years of non filing.If they are wimpy

forget this legal procedure as they will be bombarded by all kindds of inhtimidating letters and have to ignore them.

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