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Form 1120-S for Georgia: What You Should Know

Form 1120-S is the only way to declare the income, gain or losses of an S Corporation. The completed form must bear the words “S Corporation.”  Note: For tax years beginning on or after August 4, 2018, the tax form must be signed by all participating shareholders. For tax years beginning before August 4, 2018, the form is required to be signed by all shares issued to the corporation, except for S Corporation shares issued before the filing date and used for the initial distribution. The signature on the Form 1120-S is required for copies of the Form 1120-S. The Form 1120-S must be completed before tax time and filed by the corporation (either a direct payment or return by Form 8778).  Georgia S-Corp Tax Facts 1.  The Georgia Constitution and Statute provides for both S-Corporations and general partnerships. 2.  An S corporation may not be limited to a particular geographic area nor may it engage in certain activities that are otherwise prohibited to partnerships, a special purpose limited liability company, an unincorporated association or a limited liability company. In addition, the Georgia Constitution and Statute defines “limited liability company”, “special purpose limited liability company”, “unincorporated association” and “limited liability company” to include: corporations, LCS, partnerships, sole proprietorship, S-Corporations or general partnerships. 3.  The Georgia Division of Corporations, Georgia Department of Revenue and the Georgia Tax Court have interpreted the state constitution and statute to provide that an S corporation is a “person” (except in certain limited situations) when: 1) its property is not owned by a single individual, 2) it is not controlled by one or more individuals, 3) it is a “business” or “enterprise”. 4.  While a “person” is permitted to hold property as an S corporation at the time of formation, the Georgia Supreme Court is in the process of interpreting the corporate nature of partnerships and partnerships to not only limit partnerships but also create an entity that is completely different from the corporation they formed at formation, and this entity is referred to as a “partner” of that partnership. 5.  The definition in the Georgia Supreme Court is set forth in the following language as part of the decision regarding partnership vs.

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