LLC taxed as S corp

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Greenbriar
    Senior Member
    • Jun 2007
    • 189

    #1

    LLC taxed as S corp

    When an LLC elects to be taxed as an S corp, does that mean they have to issue shares of stock, keep minutes of meetings, elect a board of directors, etc. and essentially conduct business as a C corp that elects S corp status? Thanks.
  • dsi
    Senior Member
    • Dec 2005
    • 705

    #2
    Originally posted by Greenbriar
    When an LLC elects to be taxed as an S corp, does that mean they have to issue shares of stock, keep minutes of meetings, elect a board of directors, etc. and essentially conduct business as a C corp that elects S corp status? Thanks.

    No stock issued. Remember, this is still an LLC. It is ONLY taxed as if it were an S-corp.
    I don't know about your other questions.
    Dave, EA

    Comment

    • Greenbriar
      Senior Member
      • Jun 2007
      • 189

      #3
      Chart of accounts

      David,
      I guess my confusion is which coa to use. If taxed as an S corp, then the coa is required for the 1120S which includes capital stock whereas a single member llc is a schedule C. withdrawals are charged to owner's draw account but if taxed as an S corp, are they charged to shareholder loan, dividend, salary??? Thanks.

      Comment

      • JoshinNC
        Senior Member
        • Feb 2006
        • 1180

        #4
        It's still an LLC

        Originally posted by Greenbriar
        David,
        I guess my confusion is which coa to use. If taxed as an S corp, then the coa is required for the 1120S which includes capital stock whereas a single member llc is a schedule C. withdrawals are charged to owner's draw account but if taxed as an S corp, are they charged to shareholder loan, dividend, salary??? Thanks.
        you just get the attributes of S corp taxation

        Draws would be dividends, but you must also have the member take a salary to satisfy IRS requirements (although the amount of salary to be taken would start a huge argument on this board).

        Comment

        • WhiteOleander
          Senior Member
          • Jun 2005
          • 1370

          #5
          Originally posted by JoshinNC
          you just get the attributes of S corp taxation

          Draws would be dividends, but you must also have the member take a salary to satisfy IRS requirements (although the amount of salary to be taken would start a huge argument on this board).
          Disagree, Draws are not Dividends from a S-Corp. They are distributions up to the total basis for the S/H-Member. After that, draws are taxed as capital gains.

          That's my understanding.
          You have the right to remain silent. Anything you say will be misquoted, then used against you.

          Comment

          • JoshinNC
            Senior Member
            • Feb 2006
            • 1180

            #6
            Well Duh!

            Originally posted by WhiteOleander
            Disagree, Draws are not Dividends from a S-Corp. They are distributions up to the total basis for the S/H-Member. After that, draws are taxed as capital gains.

            That's my understanding.
            I didn't think I needed to put that in there, but I forgot that we sometimes are talking to people who see tax preparation as a hobby instead of a profession.

            So yes, draws in excess of basis would be capital gains to the shareholders. But they would still be dividends on the books, unless you want to create a seperate account called "Draws that are really dividends but get taxed as capital gains". Somehow I don't think that will fit on the balance sheet though.

            Comment

            • WhiteOleander
              Senior Member
              • Jun 2005
              • 1370

              #7
              Are you referring to me?

              " didn't think I needed to put that in there, but I forgot that we sometimes are talking to people who see tax preparation as a hobby instead of a profession."
              You have the right to remain silent. Anything you say will be misquoted, then used against you.

              Comment

              Working...