In the United States, corporations must file specific tax forms that detail their financial activity throughout the fiscal year. The Internal Revenue Service (IRS) uses these forms to assess and collect the appropriate taxes. Two of the primary forms used by corporations are Form 1120 and Form 1120S. Each form serves different types of corporations with distinct tax implications.
What is Form 1120?
Form 1120 is the U.S. Corporate Income Tax Return, a federal tax form used by C corporations to report their income, gains, losses, deductions, and credits, and to calculate their federal income tax liability. Here are the key components of Form 1120:
- Income Statement Details: It starts with gross receipts or sales and subtracts the costs of goods sold to determine the gross profit. From there, it deducts various business expenses to arrive at the taxable income.
- Tax Computation: The form calculates the amount of tax the corporation owes based on its taxable income, with adjustments for any tax credits or previous payments.
What is Form 1120S?
S corporations, a special type of corporation created through an IRS tax election, file Form 1120S. An S corporation allows income, losses, deductions, and credits to flow through to shareholders’ tax returns. Here’s how Form 1120S is structured:
- Pass-through Information: Unlike C corporations, S corporations do not pay income tax at the corporate level. Form 1120S includes a schedule that allocates the corporation’s income, losses, deductions, and credits to each shareholder proportionally to their ownership interest.
- K-1 Forms: Each shareholder receives a Schedule K-1, which shows their share of the corporation’s financial activity and which they must report on their tax returns.
Who Needs to File These Forms?
- Eligibility for Form 1120: All C corporations, including LLCs that opt to be taxed as C corporations, must file Form 1120.
- Eligibility for Form 1120S: To file Form 1120S, a corporation must have elected S corporation status and meet the IRS eligibility criteria, including having only allowable shareholders and a single class of stock.
Filing Requirements and Deadlines
- Filing Deadlines: Form 1120 and Form 1120S are typically due by the 15th day of the third month following the end of the corporation’s tax year, usually March 15th for those on a December 31st year-end.
- Extensions: Corporations can request a six-month extension to file but must estimate and pay any owed taxes by the original deadline to avoid penalties.
Consequences of Non-Compliance
Failing to file Form 1120 or 1120S can result in severe penalties:
- Penalties for Late Filing: The IRS imposes a penalty of 5% of the unpaid tax for each month the return is late, up to a maximum of 25%.
- Interest Charges: In addition to penalties, interest accrues on any unpaid tax from the due date until the tax is paid in full.
- Additional IRS Actions: Continued non-compliance can lead to more serious consequences, including legal action from the IRS to recover unpaid taxes.
Importance of Compliance and Professional Advice
Filing IRS tax forms accurately and on time is crucial for legal and financial compliance. Mistakes or omissions can lead to audits, penalties, and interest charges. It is advisable for corporations, especially those unsure of their filing obligations, to seek the guidance of a qualified tax professional.
Conclusion
Understanding and properly handling IRS tax forms 1120 and 1120S is essential for corporations operating in the U.S. These forms play a crucial role in ensuring that corporations meet their tax obligations and avoid potential penalties. For accurate filing, consulting with a tax professional can provide significant benefits.
