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Yonkers New York online Form 1120-S: What You Should Know

Form 1120-S, U.S. Income Tax Return for an S Corporation, has several sections that apply to corporate taxpayers that are not S corporations. The section that concerns an S Corporation is section 1367, which can be used to report all income and deductions reported on the corporation's federal income tax return for the taxable year, including items taxed as capital, or items that have special treatment or are reported as interest or dividends. OCCUPANTS: An S Corporation and Non-S Corporation If you own more than one share of stock of an S Corporation, you need to determine: • In which division of stock you are treated as a resident of New York. Generally, your share of an S corporation's stock is treated as if you were a resident of Wyoming, Alabama, Georgia or Mississippi. • By which S corporation you file your federal income tax return. How to determine the tax status of a corporation. • If you are a beneficial owner of more than one share of each class of stock of an S Corporation, you will be treated as a resident of New York under New York Law, rather than in Wyoming, Mississippi or Alabama. • You will not receive a New York nonresident tax return for the taxable year. • You may not receive a New York nonresident tax return if you are a general partner, limited partner, or member of a limited liability company. • You may not receive a New York nonresident tax return if you are a financial institution that does not ordinarily transact business in New York State, such as a bank, trust company, or insurance company. How and when to report income and/or deductions. • You may be required to file or pay self-employment taxes on any interest that you earn on your stock. ▷ Do not report any interest which you pay to anyone, including a bank, brokerage firm, etc, unless you are an owner of that S Corporation. ▷ Do not report capital gains and losses when you sell that stock. Report only the gain if you buy it at a discount, or you would realize a capital loss, and report your net worth with any gain or loss on the Form 1040. ▷ Do not include a stock owner's or shareholder's tax benefit in income unless you actually received it in income.

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