If we become an LLC this month September 2008 can we file our 2008 taxes as a LLC or is there a cut off date when you must be a LLC by?

As a matter of fact, all LLC's that are formed during any part of tax year 2008 are in fact required to file an LLC in Tax Year 2008. This is irrespective of the fact that you only operated your business for only 4 months.

Assuming that you elected to be treated as a partnership, the tax return filed should be that of a Form 1065 Partnership Tax return. The due date of the tax return without any extensions filed is April 15, 2009.

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