Hello

I've decided to dissolve my Delaware S corporation as it isn't earning enough to cover taxes, where I am operating (California).

Do I need to do this before the end of the fiscal year (Dec 31) OR before the annual date on which I incorporated (late Oct).

Thank you!

It is best to dissolve the S Corporation as soon as possible and definitely before the year end to avoid having to file the tax return for the tax year 2009.

So, best to dissolve the S Corporation before 12/31/08 and file a "Final Year Tax Return" in 2008 on Form 1120 S Corporation tax return. You will be required to pay the minimum Delaware Corporation Tax of Course, and therefore it is best that you do not maintain an active status in 2009 as again you may be subject to the minimum Delaware Corporation Tax for an S Corporation.

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