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Jim-from-Ohio
Intuit Community Champion
July 21, 2022
Solved

Entity selection

  • July 21, 2022
  • 3 replies
  • 12 views

SMLLC. right now treated as a Schedule C.

Owner wants to bring in a partner with ownership rights.  I was under the impression that form 2553 would not help in this case since the current legal entity is owned by one person.  I may be wrong on this but wouldn't a new company have to be set up.. say a MMLC and file form 2553 or can we use the existing structure.  In either case we would not need 8832, right? Thank you.

This topic has been closed for replies.
Best answer by qbteachmt

"Owner wants to bring in a partner with ownership rights"

New entity, new FEIN.

Or, they can form an S Corp directly. Or a C Corp.

Remember that LLC (multi-member partnership or entity) is a State issue. That means applicable State legal guidance should be sought.

Being any sort of corporation or staying as an LLC (or PLLC or whatever might apply in their State for their activity) should be done with an understanding of the intended operations. We've seen lots of bad guidance on this topic.

3 replies

sjrcpa
Level 15
July 21, 2022

Legally it is an LLC.

When a SMLLC adds an owner it becomes a MMLLC.

The default tax treatment will be Partnership. The LLC can elect to be taxed as an S Corp, but consider carefully.

The more I know the more I don’t know.
Jim-from-Ohio
Intuit Community Champion
July 21, 2022

can we use the current entity?

sjrcpa
Level 15
July 21, 2022

It is still the same legal entity (LLC). Whether it needs a new EIN is a different question.

The more I know the more I don’t know.
qbteachmt
qbteachmtAnswer
Level 15
July 21, 2022

"Owner wants to bring in a partner with ownership rights"

New entity, new FEIN.

Or, they can form an S Corp directly. Or a C Corp.

Remember that LLC (multi-member partnership or entity) is a State issue. That means applicable State legal guidance should be sought.

Being any sort of corporation or staying as an LLC (or PLLC or whatever might apply in their State for their activity) should be done with an understanding of the intended operations. We've seen lots of bad guidance on this topic.

Don't yell at us; we're volunteers
Jim-from-Ohio
Intuit Community Champion
July 21, 2022

thank you.. going solo here it is nice to have a sounding board. 

dkh
Level 15
July 21, 2022