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An S-Corp will be closing their business in 2015. They will have no income in 2015. NYC doesn't recognize S status, and normally requires a prepayment for current year equal to 25% of the prior year's tax. If the pre-payment is sent with the client's 2014 tax return, then they will need to get a refund. But they are closing the company, so there won't be a company or a bank to deposit the refund into. Should they keep the company open until they receive the refund, or can we send no prepayment for 2015 with the 2014 return since there won't be any income this year?
ANSWER
The BIDaWIZ Team's Answer:
No, we don't believe the prepayment is required since the entity is dormant, doesn't expect to have any income & plans to dissolve in 2015. This is referenced in the instructions in NYC-400 & NYC Section 11-603 of the Administrative Code.
References: NYC-400; NYC Section 11-603 of the Administrative Code
State: New York
