Discussion:New Company starting as LLC, then electing S-Corp
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| {{ForumReplyPost|UserID=Kevinh5|Date=18 January 2007|Text=Diane - where is your practice? I was on Bells Ferry Rd north of Eagle Drive.}} | {{ForumReplyPost|UserID=Kevinh5|Date=18 January 2007|Text=Diane - where is your practice? I was on Bells Ferry Rd north of Eagle Drive.}} | ||
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| + | {{ForumReplyPost|UserID=DianeOffutt|Date=18 January 2007|Text=Company name Accounting Connections, LLC, in Towne Lake (The Fairways), home based business since Jan 04. My website is accountingconnections.org. | ||
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| + | Do you still have a practice and if so, where?}} | ||
Revision as of 18:16, 18 January 2007
Discussion Forum Index --> Tax Questions --> New Company starting as LLC, then electing S-Corp
DianeOffutt (talk|edits) said: | 18 January 2007 |
| Hi all,
I have a client, we are applying for an LLC then filing Form 2553 to elect S-Corp status. My question, when we file for LLC, since we know we will elect S-Corp shouldn't we file as CORP and the legal name of the company will be XYZ, Corp. I am not sure if we must start with XYZ, LLC, then AFTER we file Form 2553 we can change the company name to XYZ, Corp. Not sure if I am making too much of this, maybe either way is ok...but thought I would run it by this forum to see if anyone else has had the experience. Thanks for all your help, Diane Offutt Woodstock, Georgia | |
Bottom Line (talk|edits) said: | 18 January 2007 |
| Don't know anything about GA law but an LLC and a Corp are two different types of entities. Don't think you can use the "corp" name for an LLC (but every state is different). The real question is which type of entity is best. | |
DianeOffutt (talk|edits) said: | 18 January 2007 |
| LLC is easier to form and S-Corp status will allow profits free of SE taxation (client will be taking a reasonable salary. I will check the GA law before filing the articles of organization and go from there.
Thanks for replying Bottom Line. Diane Offutt | |
| 18 January 2007 | |
| Hi Dianne, I used to be in Woodstock.
In GA, the name needs to say "LLC" or "Limited Liability Company". You can get the rules at the Secretary of State's website. Kevin | |
| 18 January 2007 | |
| I don't see how it is easier to form vs a CORP / then electing S status. The only difference I see is State Filing Fees may be differnt for each type of entity. | |
| 18 January 2007 | |
| Sometimes the client comes to us after the attorney has already LLC'ed them (they used to incorporate them). In our discussion with the client, we realize they SHOULD be taxed as an S-Corp. The election can save them from the IRS without having to go back to the attorney. | |
DianeOffutt (talk|edits) said: | 18 January 2007 |
| Thanks Kevinh5. Yes, I did go to the SOS website and found exactly what you said. Other than Articles of Organization for an LLC versus Articles of Incorporation and stating shares issued it seems it WOULD have been easier to form the corp THEN the S-corp election. Now when I see LLC instead of thinking either a PARTNERSHIP return form 1065 (more than one member in the LLC) or a Schedule C (single-member LLC) I need to truly see the letter from IRS advising what tax form to use. So far all my clients were either form 1065 or schedule c...so this problem is my first encounter.
Thank you again for all your help Kevinh5. Diane Offutt | |
| 18 January 2007 | |
| Diane - where is your practice? I was on Bells Ferry Rd north of Eagle Drive. | |
DianeOffutt (talk|edits) said: | 18 January 2007 |
| Company name Accounting Connections, LLC, in Towne Lake (The Fairways), home based business since Jan 04. My website is accountingconnections.org.
Do you still have a practice and if so, where? | |
