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Old 01-04-2012, 12:04 PM
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Smile a tax question for a S corporation

I paid the security deposit for the office I rent (about 1 month of rent) and want to know if I can treat that security deposit as the rent when I fill out the tax form. I am not sure because there is a good chance that I can get the SD back in the future, right?

Also I tried to start early since there is a lot of paperwork in tax filing for S corporation. But I found that the IRS has not published the new instructions for 2011 although the 1120S form is available now. Does anyone know when they might publish that instruction?

Thanks in advance.



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Old 01-04-2012, 11:10 PM
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“I paid the security deposit for the office I rent (about 1 month of rent) and want to know if I can treat that security deposit as the rent when I fill out the tax form.”---> I guess it deppedns; If money paid by you, a tenant, is labeled advance rent, but it's meant to be and actually treated as a security deposit, then it isn't includable in the landlord’s gross income, and it is NOT your rent expense on your return either.However, if you, asa tenant, agree to forfeit the security in exchange for an early lease cancellation, the money is included your rent expense at that time. REMEMNER: landlords must pay tenants interest on security deposits of at least the average commercial banks savings deposit rate as annually determined and published by the Banking Commissioner. Interest must be paid annually on the anniversary date of a tenancy either directly to tenants or as a credit towards the next month's rent.
“I am not sure because there is a good chance that I can get the SD back in the future, right?”--->Right; your landlord generally must refund the security deposit if you live up to the terms of the lease. Then it is NOT your rent and can’t report it as rent expense on your return.
“Also I tried to start early since there is a lot of paperwork in tax filing for S corporation. But I found that the IRS has not published the new instructions for 2011 although the 1120S form is available now. Does anyone know when they might publish that instruction?”--->At this time, only form 1120S for 2011 is available on IRS website.



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Old 01-05-2012, 11:16 AM
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Thank you for your comments and it is very helpful.



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