You'll need to sign in or create an account to connect with an expert.
No, the members of the LLC are still members, not shareholders. Filing as an S corporation does not alter the nature of the LLC.
from an income tax standpoint each member is issued a k-1 for their share of income/loss, deductions, credits and distributions. the k-1 uses the terms "shareholder's" and "corporation". Thus, there is this technical difference. an LLC not electing S-Corp can make disproportionate allocations. An "S-corp" that did this may be deemed to have a second class of stock which would void the S-election.
I concur, generally, but if the authorization to allocate items of income and deduction not in proportion to ownership interests is in the LLC's operating agreement, and the members plan to continue to do so, then electing treatment as corporation for federal income tax purposes would not be recommended.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
navyas
Returning Member
jemuench
New Member
PumpkinPie27
Level 2
howverytaxing
Returning Member
katonaleegp
Level 2