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Los Angeles California Form 56: What You Should Know

You are considered a fiduciary when it is reasonable in light of the specific facts and circumstances to conclude that you are able, willing, and capable to provide the services and/or advice that are reasonable and necessary to enable a person to act, to continue to act, or to otherwise carry out the duties of an officer and employer under state and federal laws. Example: A corporation elects to establish a fiduciary relationship with one of its officers, and appoints the officer to be the fiduciary of the corporation. In such situation, the officer is not a “proprietary” officer/employee and is required to report all financial transactions and liabilities of the corporation under the officers' fiduciary duties. Example: A corporation elects to establish a fiduciary relationship with one of its officers, and appoints the officer to serve as a representative to obtain a loan for the corporation. In such situation, you are considered to act in a fiduciary capacity, and there is no requirement for you to include that in the initial notice of qualification required to be given to the IRS. Example: A corporation elects to establish a fiduciary relationship with one of its officers, and appoints the officer to perform services to the corporation. On such occasion, you are considered to be an “accidental officer” for purposes of reporting any financial transactions of the entity, and you are required to include the information in Form 56. This letter is to inform you of an election required under § 6903(d) to be made by you as a qualified person and representative as further described in the accompanying Forms 56, Notice Concerning Fiduciary Relationship. This is to advise you that you must file your federal income tax return, Form 1040 (or equivalent tax return form), a Schedule C (or other comparable IRS form) for your last taxable year ending before July 5, 2022, and, if necessary, Forms 5055 (or other comparable IRS form), 5053 (or other comparable IRS form), and 5057 (or other comparable IRS form) for any taxable years ending from July 5, 2022, onwards. This letter is to inform you that the IRS is not accepting applications for the following IRS identification number for Fiscal Year 2022: 11-1078.

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