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? asked in Business & FinanceCorporations · 8 years ago

Can a company be an 'S' corp for tax purposes outside of being a corporation?

The company is already an LLC registered with the state as sole proprietor, pass through-disregarded entity. (This means that it is not considered a 'C' corp nor an 'S' corp).

A).I have been told by a CPA that it is possible to file 'S' corp status only for tax purposes outside of being deemed a corporation (Form 2553 without filing f8832).

B). I have been told by another CPA that the IRS will not acknowledge this status at tax time if the company is not a corporation.

So my question is whether I can be an 'S' corp for tax purposes outside of being a corporation?

Thanks in advance.

1 Answer

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  • ?
    Lv 5
    8 years ago
    Favorite Answer

    An LLC is not recognized by the IRS and must elect how it is treated. Depending on the number of members, the following are possibilities:

    Sole Proprietorship (Sched C)

    Partnership (1041)

    Corporation (1120)

    S-Corporation (1120S)

    An LLC is NOT a corporation. It is a Limited Liability COMPANY.

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