We are thinking of switching from a C-corp to an S-corp. One of our shareholders is an LLC company and one is a family trust. I think we can switch with the family trust, but I can't find out if we qualify as an S-corp given the LLC investor.
2006-08-17 05:05:17 · 4 answers · asked by Brian L 1 in Business & Finance ➔ Taxes ➔ United States
The only way an LLC could be an S corporation shareholder under these circumstances would be if the LLC were a disregarded entity owned by a person who is an eligible shareholder. An LLC is a disregarded entity if it has only one owner, and has not elected to be treated as a corporation for US federal tax purposes. I am referring to a domestic LLC, not one organized under the laws of a foreign country.
Before making a switch from C corporation status to S corporation status, you should consult a competent tax advisor and provide him or her with all the relevant information.
2006-08-17 05:30:27 · answer #1 · answered by TaxGuru 4 · 1⤊ 0⤋
Corporations and partnerships - which would include an LLC corp - are ineligible to be S corp shareholders. The only exception is if the LLC is 100% owned by the S corp - this is known as a Qualified Subchapter S Subsidiary or QSSS.
2006-08-17 12:25:00 · answer #2 · answered by spicertax 5 · 0⤊ 0⤋
S-corporation shareholders may be individuals, some trusts, estates. Corporations and partnerships cannot be S-corp shareholders.
2006-08-17 12:17:25 · answer #3 · answered by Jamestheflame 4 · 0⤊ 0⤋
I believe that would possible but it would be best to check with your state's Secretary of State. They handle the chartering of such an organization. Most states allow any form of business to have a LLC subsidiary.
2006-08-17 12:25:44 · answer #4 · answered by Michael M 1 · 0⤊ 1⤋