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Updated over 4 years ago on . Most recent reply

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Wilson Pereira
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Holding and operating LLC taxes

Wilson Pereira
Posted

I have a holding LLC setup as a partnership and an operating LLC who's primary member is the holding LLC. For federal tax purposes the operating LLC is a disregarded entity. Do I still need to file state taxes on the disregarded entity? I want to make sure I have this setup right to avoid double taxation. I understand the operating LLC net profit/loss will flow up to the holding LLC and through to my 1040 when I file my tax returns.

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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
Replied
Originally posted by @Wilson Pereira:

I have a holding LLC setup as a partnership and an operating LLC who's primary member is the holding LLC. For federal tax purposes the operating LLC is a disregarded entity. Do I still need to file state taxes on the disregarded entity? I want to make sure I have this setup right to avoid double taxation. I understand the operating LLC net profit/loss will flow up to the holding LLC and through to my 1040 when I file my tax returns.

Generally SMLLC will not file tax returns, but some state requires a returns from SMLLC. Such as TN. 

Check your state requirements. 

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