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Returning Member
posted Mar 13, 2022 1:53:25 PM

what is the correct way to file? llc ownership is husband and wife - changed into another llc same owners - does the first llc need to be closed and claim capital gain if any and the second take the property at cost less accumulated depreciation?

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1 Replies
Level 15
Mar 14, 2022 12:11:07 AM

no change in ownership, there should be no taxable event. but then you didn't provide the reason for the change.  also, do you live in a community property state (CPS)?

if you don't live in a CPS file a final 1065 for the old one a 1065 for the new one 

in a community property state, the IRS waives the 1065 filing requirement when the only owners are husband and wife.