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Is it a tax fraud marking company as final with the IRS and still have the company active and pursuing business?

Miami, FL |

my business partner marked the LLC as final with the IRS for the 2012 tax year. At the same time she paid the Florida department of state late fee, which keeps the company active. without being aware of it she encouraged commerce of our products online which we are actively pursuing
She just remembered the other day that she marked the company as final and informed the other two partners.
Now we need to pay the Florida annual report tax and considering that the company is marked as final what are the choices?
Thank you very much for your answers.

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Attorney answers 2


Assume you are referring to a corporate or partnership return? Or payroll taxes? It is possible to reopen...consult your tax advisor, CPA for details.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:


You need to correct this situation. If you filed a form 1065 and marked it final, amend the return and correct your mistake. A local CPA can help you do this.

H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.