Discussion:C Corporation Election

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

(Difference between revisions)
Jump to: navigation, search
Revision as of 20:02, 22 October 2009
Belle (Talk | contribs)

← Previous diff
Revision as of 20:09, 22 October 2009
JR1 (Talk | contribs)
(At the risk of c)
Next diff →
Line 28: Line 28:
[[Discussion:SMLLC elects S Corp -- does Sec 351 apply?]] [[Discussion:SMLLC elects S Corp -- does Sec 351 apply?]]
}} }}
 +
 +{{ForumReplyPost|UserID=JR1|Date=October 22, 2009|Text=At the risk of conducting a new seminar (please send money), I can't imagine too many scenarios where a C corp is the right choice. A. Huge medical expenses with no other employees B. Foreign owned C. Prior NOL's to use up (cannot apply to your situation) D. Jillions of shareholders E. There might be one or two more, tops. F. Well, ok, maybe someone who just likes paying more taxes, generally, and/or accounting fees to babysit the thing at year end to clear out profits.}}

Revision as of 20:09, 22 October 2009

Discussion Forum Index --> Basic Tax Questions --> C Corporation Election
Discussion Forum Index --> Tax Questions --> C Corporation Election

FairfaxCPA (talk|edits) said:

22 October 2009
I have a client who formed partnership in August of 2009. However they want to file tax return as a C corporation. Do i need to make any election with IRS before i use form 1120?

Harry Boscoe (talk|edits) said:

22 October 2009
Partnerships file partnership returns. Corporations file corporation returns. You need to create a corporation that will be allowed/required to file as a corporation. The partnership "can't get there from here." Unless it's an LLC, which you didn't say.

You need to do something, and it's not with IRS...

FairfaxCPA (talk|edits) said:

22 October 2009
Thank u! for your reply. It is an llC so can i file 1120

Kevinh5 (talk|edits) said:

22 October 2009
Monica, you might want to look at Form 8832, now that you found out your 'partnership' is actually an LLC

LH2004 (talk|edits) said:

October 22, 2009
I suggest a thorough review of Reg. sec. 301.7701-2. Any partnership is an eligible entity.

Belle (talk|edits) said:

October 22, 2009
I also have to ask why do they want to be a C-corporation?

Search for "check the stupid box" for discussions on why having an LLC electing to be an S-corp may be a bad idea. (Or wait for JR1 to arrive).

Since this entity just started a few months ago - perhaps a reconsideration of the whole entity choice should be revisited; with the attorney present.

Here are a few, some a bit convuluted, but a lot of good info.

Discussion:Converting a LLC to a S Corp

Discussion:S Election for LLC

Discussion:SMLLC elects S Corp -- does Sec 351 apply?

JR1 (talk|edits) said:

October 22, 2009
At the risk of conducting a new seminar (please send money), I can't imagine too many scenarios where a C corp is the right choice. A. Huge medical expenses with no other employees B. Foreign owned C. Prior NOL's to use up (cannot apply to your situation) D. Jillions of shareholders E. There might be one or two more, tops. F. Well, ok, maybe someone who just likes paying more taxes, generally, and/or accounting fees to babysit the thing at year end to clear out profits.