I was one of the three owner of a C corporation. I resigned from that on 4/27/12. We did not file our 2011 tax return but applied for extension. The other two owner file the tax return for 2011 in October 2012. I asked them for a copy of 2011 tax return copy. They do not want to give me a copy.
International Law Attorney
You are entitled to obtain a copy. Talk to an attorney in your area. Best
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Shareholders in corporations have inspection rights that are afforded them by statute which give shareholders the right to inspect copies of the tax, accounting and corporate records. You should send the corporation a certified letter requesting the inspection of all records that you want to see. You also may have inspection rights that re governed by the bylaws of the corporation, so review your by-laws.
If the owners continue to refuse, you can sue to compel an inspection, and for the legal fees that it costs you.
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
Call: 323-292-4116 or 562-505-1004
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is email@example.com.
You can request a copy of the tax return or tax return transcript using Form 4506 (Request for Copy of Tax Return) or Form 4506T (Request for Transcript of Return). Here is the link http://www.irs.gov/pub/irs-pdf/f4506.pdf. You need to submit Form 4506 for an actual copy of a return. Send your request to the office indicated on Form 4506. You may fax or mail your request. If you used a professional preparer to prepare the prior year's return, then you can request a copy of the return from the preparer. If they need help locating the preparer, the Electronic Return Originator data base may help.
The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. The general information in this answer is not intended to be nor should it be treated as tax, legal, or accounting advice. Additional issues could exist that would affect the tax treatment of a specific transaction and, therefore, taxpayers should seek advice from an independent tax advisor based on their particular circumstances before acting on any information presented. This information is not intended to be nor can it be used by any taxpayer for the purpose of avoiding tax penalties. This posting does not create any attorney-client relationship. For specific advice about your particular situation, consult a qualified attorney. CHRISTIN BUCCI, Esq., CPA, LL.M. is an experienced tax attorney with offices located in Fort Lauderdale and Miami, Florida, who is licensed to practice law in Florida, Ohio and the District of Columbia.