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Updated over 4 years ago on . Most recent reply

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Stuart Mcormick
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Buy with LLC then revoke S-corp status

Stuart Mcormick
Posted

Buying property with my LLC that's taxed as an S-corp. Since S-corp is a bad choice, I will revoke the S-corp status. Must I do that BEFORE I purchase the property? Or is it fine to just revoke the S-corp status at a future date, before I sell the property (if I ever sell it).

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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
Replied

Revoking an S election means that your LLC is now a C Corp for federal income tax purposes.

To get back to disregarded entity, you must file an 8832 after revoking the S election, elect to be taxed as a DRE, and go through a corporate tax liquidation.  That's assuming the entity is eligible to make a check-the-box election and isn't constrained by the 60 month rule.

You should interface with your tax professional on this matter.  S Corps are easy to get into, but not fun to get out of.  It is perhaps the number one or number two mistake I see DIY taxpayers make -- electing S Corp when they really shouldn't.

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