Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 07-23-2014, 06:36 PM
Junior Member
 
Join Date: Jul 2014
Posts: 1
Procedure to convert LLC 'C' to LLC PassThru

Created a new LLC few years back with 'C' corp election for taxation purpose(via Form 8862)

What is the procedure to convert this LLC with 'C' corp election to be pass thru LLC. LLC has only a single owner, no employees/partners. Currently the LLC owns an office space(50% loan paid off) with $5000 p.a rental income. Also, LLC holds $50,000 cash in its account.(All the office property equity and cash are after paying the taxes at the corporate tax rate)



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 07-23-2014, 10:59 PM
Moderator
 
Join Date: Oct 2010
Posts: 5,233
Quote:
Originally Posted by Gume View Post
Created a new LLC few years back with 'C' corp election for taxation purpose(via Form 8862)

What is the procedure to convert this LLC with 'C' corp election to be pass thru LLC. LLC has only a single owner, no employees/partners. Currently the LLC owns an office space(50% loan paid off) with $5000 p.a rental income. Also, LLC holds $50,000 cash in its account.(All the office property equity and cash are after paying the taxes at the corporate tax rate)
What is the procedure to convert this LLC with 'C' corp election to be pass thru LLC.======>>>>>>No to be pass thru LLC unless the LCC was converted into S corp;pass thru means;. An entity that passes through taxable income to it's owner and therefore pays no taxes. S-Corp, NOT C Corp is a pass-through entity - it pays no tax - the shareholders pay tax on their proportionate share of the income.

LLC has only a single owner, no employees/partners. Currently the LLC owns an office space(50% loan paid off) with $5000 p.a rental income. Also, LLC holds $50,000 cash in its account.(All the office property equity and cash are after paying the taxes at the corporate tax rate)==============.>>>>>>>>>>>>Aslongas you convert the LLC to a C corp, and rental income is the corporation's primary business? If so, this would be a nonpassive activity. If not, since it is a closely held corporation, you will need to file Form 8810 to determine your allowed loss(if you take losses).
For smaller companies ,reported profits result in retained earnings, a type of equity. As years roll by, these accumulated after-tax earnings increase the retained earnings account, unless they are distributed.So,r/e in a C corporation will eventually be taxed again, either as dividends, salary, bonuses or as liquidating dividends when the corporation is terminated. Of these four choices, the most favorable is a distribution of salary and bonuses, which are deductible as compensation at the corporate level, although they are subject to additional employment taxes, FICA tax. Dividends are not deductible at the corporate level and are often frowned upon in smaller entities for their lack of deductibility.
to minimize a tax hit, Many small to medium corporations zero out their earnings to claim salaries and bonuses, plus other deductions, that significantly reduce the annual profit ,retained earnings of the corporation. As long as a C corp unnecessarily accumulates r/e, there is a special, somewhat punitive, tax called the Accumulated Earnings Tax which imposes a special tax on the corporation if it has what are deemed to be excessive earnings. This tax can be avoided by distributions of earnings in the form of dividends, or, within reason, as bonuses by following the method suggested above of documenting bonuses to officers. R/E in excess of $250,000 should be justified.Another way of justifying accumulated earnings is to show through corporate minutes that there is a future need for such retained earnings(As long as you are looking to expand or grow this year or next, If so, there are programs like Section 179 or 100 % bonus depre ruel) even programs in the stimulus act that could help your business grow and reduce its taxable income through deductions and credits might be another way of thinking forward benefiting your business in the future and reducing your tax burden today.; for example, building a new factory, introducing a new product line, or having a cash reserve for an expected business downturn.as you area sole owner of the C corp, then it does not make sense to pay yourself salary from r/e or putting it into a deferred comp plan. Your corporation has already paid income taxes on those earnings. Paying income taxes twice is really the worst thing you could do. Dividend tax rates are going up in 2014 so giving up 15%(as long as yur marginal tax rate is 25% or higher) is not a bad option. If your corporation has been around for 5 years you can convert to an S. Whether you should or not, or come up with an alternative plan is more complex, BuiltInGain tax situation, I mean.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Convert rental condo to vacation home kareni Rental Real-Estate 1 03-20-2012 04:29 AM
Amending S Corporation due to 1 partner address change, what's the procedure? SusanT_NYCPA CPA Forums 0 01-27-2010 10:32 AM
S-corp dissolution procedure solarstorm24 S-Corporation 0 11-01-2008 10:24 AM
Can A Single Member Llc Convert To Inc aloke07 Limited Liability Company 0 10-26-2007 09:20 AM
Convert S Corp from one catagory to another AZGary S-Corporation 0 09-15-2007 06:16 PM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning