Discussion:Purchase of LLC

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Discussion Forum Index --> Tax Questions --> Purchase of LLC

Jigisha (talk|edits) said:

8 January 2007
My client purchased 100% interest in LLC during the year 2006.I am not sure how to prepare the income tax return? Will it be two return for 2006 or one return?

Sandysea (talk|edits) said:

8 January 2007
What income tax return? Your client will file a 1040 for a personal return and if his LLC is a disregarded entity (Schedule C) that will be filed with his 1040. If it is a corporation, then yes, you will file (2) returns; a corporate one and an individual one.

Jigisha (talk|edits) said:

8 January 2007
I mean tax return before sale of LLC and tax return after sale of LLC.All members are different after the sale.LLC continued with old FEIN. No new FEIN obtained.

Sandysea (talk|edits) said:

8 January 2007
What type of tax entity was the LLC before/after?

Will (talk|edits) said:

8 January 2007
Hi Jigisha,

Realize that all 'LLC' tells us is that we do not know how the entity is taxed at the Federal level. This sounds like a partnership buy-out. A new EIN will be required as a one-member partnership cannot be. The final 1065 will be filed this TY as a final return. The SMLLC will go to the schedule C partial year unless the member chooses to be taxed as an corporation.


William Price, EA | Portland, OR - Talk to me

Sandysea (talk|edits) said:

8 January 2007
Thanks Will. I was going to put that as a sideline and then got distracted...hehe

But a partnership as he says is dissolved if it relegates to one individual and the final return for the 1065 needs to be filed....

Jigisha (talk|edits) said:

8 January 2007
It was partnership before and partnership after the purchase.

Will (talk|edits) said:

8 January 2007
Oh yes, final return, will edit that.

Jigisha (talk|edits) said:

8 January 2007
I mean LLC taxable as partnership

Jigisha (talk|edits) said:

8 January 2007
So two tax returns for one FEIN.

Jigisha (talk|edits) said:

8 January 2007
And I believe both partnership will file form 8308 with the tax return since there is purchase of inventory.

Will (talk|edits) said:

8 January 2007
If 50% or more of the partnerships capital interest changes hands the partnership effectively dissolves requiring a new EIN. (and a second return for this TY) Sec. 706

will

Sandysea (talk|edits) said:

8 January 2007
Not same EIN Jig....needs a new FEIN

Jigisha (talk|edits) said:

8 January 2007
I think so I will have to get more information from my client.Thanks for all these information.

Advocate (talk|edits) said:

12 September 2007
I am new with the Sale of the SMLLC and I am wondering what and how will the "hot assets" be reported?

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