Corporation and LLC Documents

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Commonly Asked Questions about Corporation and LLC Documents

Is an LLC a tax classification S or C?

LLCs are classified as pass-through entities for tax reasons, meaning the business profits and losses will flow through to the personal tax return of each member. An LLC can also elect to be taxed as an S-Corporation or a C-Corporation. To be taxed as an S-Corporation, the LLC must file IRS form 2553.

Is my LLC an S or C Corp?

As an LLC, you can elect S Corp status instead of the default sole proprietorship or partnership. As a corporation, youll automatically be taxed as a C Corp. A larger LLC might want to elect C Corp status for a lower tax rate or to appeal to future investors or buyers.

How to choose How to choose LLC or corporation?

You might choose an LLC if you want to avoid corporate taxation, dont plan to fundraise with investors and prefer minimal formal regulations. You might choose a corporation, on the other hand, if youre looking to sell ownership, attract investors or go public in the future. LLC vs. Corporation: Which Is Right for Your Business? - NerdWallet nerdwallet.com article small-business ll nerdwallet.com article small-business ll

Required documents What documents are needed for a corporation?

The document required to form a corporation in California is called the Articles of Incorporation. The information required in the formation document varies by state. Californias requirements include: Officers. Officer names and addresses are not required to be listed in the Articles of Incorporation. California Corporation Requirements - Wolters Kluwer wolterskluwer.com bizfilings state-guides wolterskluwer.com bizfilings state-guides

What document must an LLC file with the state to organize its business?

Limited liability companies must file articles of organization in their state to organize their business. They file these articles with the secretary of state. Information about the business and the owners is submitted with this filing.

How do I know if my LLC is C Corp or S Corp?

In the eyes of the IRS, all corporations automatically begin as C corporations when they are formed. A C corporation may convert to an S corp by filing IRS Form 2553, Election by a Small Business Corporation, with the IRS if it so chooses.

Should an LLC file as a corporation?

Generally, LLCs are not automatically included in this list, and are therefore not required to be treated as corporations. LLCs can file Form 8832, Entity Classification Election to elect their business entity classification.

What document creates the LLC?

To make your new LLC officially exist you must file LLC formation documents (also known as a Certificate of Organization, Certificate of Formation, or Articles of Organization) with the Secretary of States office or whichever department handles business filings in the state in which you are forming.

How do I classify my LLC as an S Corp?

An LLC can elect S corporation taxation by filing Form 2553, Election by a Small Business Corporation. It must be signed by all the members and can be submitted by mail or fax.

Is an LLC and C Corp the same thing?

Unlike an LLC or corporation, a C-corp is not a type of business entity. C-corp is a tax classification that is available to both corporations and LLCs, though it is more typically used by corporations.