Need to Close Your Company? Here’s How to File Form 966!

Closing a business is a significant decision, and it’s essential to handle the process correctly to avoid any legal or financial repercussions. In Washington DC, one of the key steps in legally dissolving a corporation involves filing IRS Form 966, “Corporate Dissolution or Liquidation.” 

Here’s a step-by-step guide to ensure you navigate this process smoothly in the nation’s capital.

Understanding Form 966

Form 966 is a critical document used by the IRS to process the dissolution of a corporation or a similar entity. 

When a business decides to cease operations and legally dissolve, filing Form 966 is required to notify the Internal Revenue Service formally. This form serves as the corporation’s official declaration of its intent to dissolve and liquidate, and it outlines key details such as:

  • the date of the dissolution, 
  • the reasons for closing, and 
  • information about any final distributions. 

It’s a mandatory step for corporations that ensures the IRS is aware of the entity’s termination and can properly close out any remaining tax responsibilities. Filing this form is crucial for maintaining compliance with federal tax laws and avoiding potential penalties.

Step 1: Gather Necessary Information

Before you can file Form 966, you’ll need several pieces of information:

  • The date of the corporate resolution authorizing the dissolution.
  • The effective date of the dissolution.
  • Information about any corporate officers.

Step 2: Complete Form 966

Form 966 requires specific details about your corporation and the dissolution:

  • The Employer Identification Number (EIN), name, and address of the corporation.
  • The type of tax return the corporation files.
  • A statement regarding the final tax return.

Step 3: Attach Required Documents

You’ll need to attach a certified copy of the resolution or plan of dissolution that was approved by the shareholders or board of directors. This document is crucial as it proves the formal decision to dissolve the corporation. If you’re not sure about this step, feel free to reach out to a tax debt professional in your area to seek guidance. 

Filing and Deadlines

Form 966 must be filed within 30 days after the resolution to dissolve the corporation is adopted. It can be mailed to the IRS center where you file your returns. Remember, failing to file on time can lead to penalties.

Common Pitfalls in Filing Form 966

Incorrect or Incomplete Information

One of the most frequent errors is not providing all the required details or submitting incorrect information on Form 966. 

Every section of the form needs to be filled out accurately, including the corporation’s EIN, the date of the dissolution resolution, and any pertinent addresses. Mistakes can delay processing and potentially result in the IRS not recognizing the dissolution.

Missing Attachments

Along with Form 966, you must attach a certified copy of the resolution to dissolve passed by the corporation’s board of directors or shareholders. Failing to include this or any other required documentation can invalidate your filing.

Failing to Notify All Relevant Agencies

While Form 966 is filed with the IRS, corporations must also ensure they comply with state and local requirements for dissolution. This often involves filing separate paperwork with state tax authorities and other regulatory bodies.

Not Filing on Time

Form 966 must be filed within 30 days of adopting the corporate resolution to dissolve. Missing this deadline can lead to penalties and might complicate the dissolution process.

Overlooking Final Tax Responsibilities

It’s crucial to file a final tax return for the corporation alongside Form 966. This includes settling any outstanding tax debts, such as payroll taxes or capital gains taxes, from asset liquidations. Neglecting these responsibilities can result in continued liability for the corporation’s directors or officers even after dissolution.

Dealing with Corporate Taxes and Liabilities

When dissolving a corporation, it’s essential to settle all tax liabilities. This includes payroll taxes, which can often be overlooked. Ensuring these taxes are fully paid can prevent legal complications and potential asset seizure by the IRS.

Once all debts, including paid debts, are settled, any remaining assets should be distributed among shareholders according to ownership stakes. It’s crucial to keep detailed records of these distributions for tax purposes and potential audits.

While filing Form 966 is a critical step, it’s just part of a larger checklist when closing a business. Consider consulting with a tax professional to navigate the complexities of business closure, especially regarding final tax returns and potential claims by creditors.

Conclusion

Dissolving a business in Washington DC requires careful attention to legal and tax obligations. 

By properly filing Form 966 and settling all financial responsibilities, you can ensure a smooth transition out of business ownership. Remember, consulting with professionals for advice on specific issues related to your situation can be invaluable.

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