Tennessee Llc Operating Agreement With S Corp Election
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FAQ
Tennessee does not recognize the federal S corporation election and does not require a state-level S corporation election. You can still have an S corporation in Tennessee. The S corporation will only be an S corporation for federal tax purposes and not for state tax purposes.
If you want your LLC to be taxed as an S corporation, you need to file IRS Form 2553, Election by a Small Business Corporation. If you file Form 2553, you do not need to file Form 8832, Entity Classification Election, as you would for a C corporation. You may use online tax filing, or can file by fax or mail.
Every Tennessee LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
And, once it has elected to be taxed as a corporation, an LLC can file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.
A written operating agreement is not legally required for most Tennessee LLCs (the exception being director-managed LLCs). Even so, having a written operating agreement is essential for opening a business bank account, heading off disagreements between members, and bolstering your limited liability status.