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SMLLC terminating S Election

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    SMLLC terminating S Election

    Does anyone know how to do this? Here's what I've found, and questions I have.

    SMLLC filed form 8832 in 2005 to be taxed as a Corp. Filed form 2553 to make S election at the same time. 5 year requirement is OK.

    I have the required statement ready to request voluntary termination of S election, effective date Jan 1, 2011. OK

    Liabilities exceed assets. Are the assets still distributed at FMV?

    Do I need to file form 8832 to change classification from Corp to Disregarded Entity? I think so.

    If so, does the LLC need to get a new EIN?

    Thanks for advice.

    #2
    If anyone has this come up: I called IRS and spoke to legal dept.

    Yes on filing form 8832 to change entity classification from Corp to disregarded entity.

    Assets at FMV

    No new EIN

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