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Printable Form 1120-S San Diego California: What You Should Know

This program (called unemployment compensation) is for people who are involuntarily absent from their jobs due to the passage of time or  no available job. This benefit is only for those who have a job and a “short-duration” separation. It is not for long durations.  In the event that an S corporation is sold, the new owners may be required to reduce the amount of the tax return that the new owners are obligated to file.  A short-duration separation that is not subject to an income tax is treated the same as long-duration separation.  If you are working for an S corporation and have to report your income and the amount paid by the S corporation to you, then you would generally report the amount you receive and the amount paid or received by the S corporation. A short-duration separation is treated as long-durations, which is the main rule governing the amount of S corporation tax you should report. However, there are two exceptions, exceptions that make an S corporation a “retirement fund” not subject to long-duration separation tax.  If the total pay to an S corporation is 1 million or more than it is considered to be a “qualified retirement fund” for purposes of the long-­term capital gains exclusion.  If either of these is determined, then the taxable capital gains reported on Form 1120-S would be reduced proportionately by the total pay.  A qualified retirement fund is an investment in a qualified retirement plan, a qualified defined contribution plan, or the investment of another S corporation if any of the following requirements are satisfied: The investment is made only to the extent of the shareholder's or other person's gross assets of interest or other income from employment with the S corporation, with or without a distribution and no contribution, and no part of the investment is used to make a distribution to you. That contribution will not cause you to pay long-term capital gains tax. In other words, it is considered to be a “contribution” to your retirement account (which will be taxed). The amount you receive from the S corporation will not cause you to pay long-term capital gains tax (unless the investment is a “retirement fund”). The investment has the same characteristics as an ordinary investment in the ordinary sense of the word. However, it will not have the same favorable tax treatment (whether in terms of the long-term capital gains exclusion or other tax benefits).

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