I have a Sub S corp that is based in Indiana, domiciled in Indiana, has an Indiana checking account, etc that basically is my freelance writing business. Since I can do that anywhere, my wife and I are pondering the possibility of buying a condo in FL, and working out of there about 5 months out of the year. As long as we keep everything based in Indiana (both corporately and myself through residence, auto registration, etc.) would there be any FL state tax consequences or can I just continue on my merry way as an Indiana company?
Florida taxes, if any
Oct 12, 2009
4 Replies
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S Corporations and tax-exempt organizations are generally not required to file a Florida corporate income tax return if they do not have federal taxable income. If they have federal taxable income, however, they are then required to file a Florida corporate income tax return and pay any tax due.
The instructions at
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the corporation has to file a F-1120 if: S corporations that pay federal income tax on Line 22c of federal Form
1120S
Line 22c are federal taxes on C corps that changed into S corps:
22a Excess net passive income or LIFO recapture tax (see instructions) 22b Tax from Schedule D (Form 1120S)I'm guessing 22c is zero for you, and if so there's no need to file a F-1120.
If line 22c was not zero then you do have to file a F-1120 because the instructions say:
All corporations (including tax-exempt organizations) doing business, earning income, or existing in Florida.
Also, you have to pay the annual report fee by May/31, which for Florida looks to be $150.
In addition, you have to pay the Indiana annual report fee, which you've probably been doing anyway, and it looks to be $21.
And then you have multi-state registered agent fees.
Why is this not a Schedule C business? As a bonus, only 92.75% or something like that of your income is subject to SE tax. If you need liability protection, maybe liability insurance is the better answer. Not sure, just things to think about.
An old friend once said "You don't live on the edge, you're taking up way too much space." Scott Kirby "Lucky Enough"
You're also missing the first word: If.
Although Florida has no personal income tax, as an employee you may be subject to Florida payroll taxes, such as unemployment.
-Mark Bole
The company AND me will still be domiciled for the most part in Indiana. That is where it is registered, that is the mailing address, etc. etc. I am just asking if I incur FL taxes for the business I do while there merely because I happen to be in FL for awhile.
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