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Updated over 12 years ago on . Most recent reply presented by

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26
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1
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Eric Kluth
  • Accountant
  • Vancouver, WA
1
Votes |
26
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Are you now a corp when you form an LLC and elect to be taxed as a s-corp?

Eric Kluth
  • Accountant
  • Vancouver, WA
Posted

Scenario: I am a wholesaler, and say I formed an LLC, "ABC Company, LLC". Then I elect for my LLC to be taxed as an S-corp. I am wondering if the company is still an LLC or is now a corp? Is the election just for tax return purposes, but you are still doing business as an LLC and not a corp. Because as an LLC you are member, and if you are a corp, then you have a title. Does that change? The reason I am asking is because when you need to sign legal documents on the signature block, what do you designate yourself as?

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13,452
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8,349
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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
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13,452
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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied

You are still just doing business in the LLC, and if I were to pay you $600 (or more) in any single year I would send you a 1099MISC the next January, whereas if you were a true corporation I could avoid sending the 1099MISC.

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