SMLLC election

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  • wizbang30
    Junior Member
    • Nov 2007
    • 12

    #1

    SMLLC election

    If an LLC w/ 2 partners which filed as a partnership (1065) in 2006 with a dissolve date as of 3/31/07 (I will file a 1065 for the P'ship from 1/1/07 thru 3/31/07) and I want to file the return for the one partner still running the company from 4/1/07 till 12/31/07 as an SMLLC, do I file a 2553 or an 8832 to make the election to be taxed as a Corporation?
    Last edited by wizbang30; 01-08-2008, 08:51 AM.
  • Bees Knees
    Senior Member
    • May 2005
    • 5456

    #2
    If you want to elect to be taxed as a C corporation, use Form 8832.

    If you want to elect to be taxed as an S corporation, use Form 2553.

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    • wizbang30
      Junior Member
      • Nov 2007
      • 12

      #3
      Thanks

      I have never filed one of these elections for a SMLLC before and the instructions are clear as mud....

      Comment

      • Bees Knees
        Senior Member
        • May 2005
        • 5456

        #4
        Originally posted by wizbang30
        I have never filed one of these elections for a SMLLC before and the instructions are clear as mud....
        Then use TTB instead.

        page SB2-13,

        • A business entity that is not a corporation can make the election
        to be taxed as a corporation by filing Form 8832, Entity Classification
        Election. Once the election is made, the entity can be taxed as
        a C corporation, or it can elect to be taxed as an S corporation.
        page SB2-14,

        S corporations. Eligible entities that choose to be taxed as S corporations
        do not need to file Form 8832. If the entity makes a valid
        election to be treated as an S corporation, it is considered to have
        made the election to be taxed as a corporation. See Form 2553,
        Election by a Small Business Corporation, page SB3-4.
        Clear as day.

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