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Under what scenario would I elect to have my LLC taxed as an S Corp?

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In this audio snippet, you'll hear about:

  • It's not a common thing because an LLC is already a tax–through entity, and the same thing happens with an LLC

Audio Transcript
Travis: Under what scenario would I elect to have my LLC taxed as an S corp.?
Yosef: Well...
Travis: Yosef are you still with me? Oh.
Yosef: The question that you're asking is very interesting. We actually...To the best of my knowledge...I've actually never had an LLC corporation elect to be taxed as an S corporation and I'll tell you why.
Travis: OK.
Yosef: Because an LLC by default is a flow–through entity which means the LLC files a form 1065; a partial tax return, generally with the IRS. Basically whatever income that the LLC earns flows directly to their shareholders on their own schedule E of their personal tax return.


The same thing pretty much happens with an S corporation as well. The shareholder is either going to receive a K1 from an LLC or a K1 from an S corporation.
Travis: Right.
Yosef: So, I think that question is a great question. You know, when is an LLC going to elect to file as an S corporation? But generally I don't think they would.
Travis: [laughs] That's a good enough answer for me because it just perplexes the heck out of me.
Yosef: No I think it would perplex the heck out of most attorneys. To ask that question...It's an interesting option. I know some very technically specific cases as to where that would be done but that would go far beyond the scope of the phone, of this conversation.
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