S Corp Status For Llc In California

State:
Multi-State
Control #:
US-0046-CR
Format:
Word; 
Rich Text
Instant download

Description

The Resolution document is essential for LLCs in California seeking to elect S Corporation status, providing significant tax advantages under the Internal Revenue Code. By adopting this resolution, the corporation formalizes its decision to be treated as an S Corporation, which can lead to tax savings and improved financial flexibility. Key features of the form include authorization for corporate officers to execute necessary documents and submit filings to both the IRS and state taxing authorities. The completion of this document requires specifying the state tax code and verifying the adoption date, ensuring compliance with both federal and state regulations. Target users, including attorneys, partners, owners, associates, paralegals, and legal assistants, find this form particularly useful for streamlining the process of transitioning to S Corporation status. It serves as a formal record of the board's decision, which is critical for both governance and tax purposes. Additionally, the resolution ratifies any prior actions taken by officers in connection with the S Corporation election, enhancing legal certainty and continuity. By clearly outlining the responsibilities and powers conferred, this form aids in minimizing potential conflicts and ensuring smooth operational transitions.
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FAQ

Limited Liability Companies Treated as S Corporations The LLC will also be treated as an S corporation for the state and must file Form 100S (California S Corporation Franchise or Income Tax Return). California and federal laws treat these companies as corporations subject to California corporation tax law.

Because of the one-class-of-stock restriction, an S corporation cannot allocate losses or income to specific shareholders. Allocation of income and loss is governed by stock ownership, unlike partnerships or LLCs taxed as partnerships where the allocation can be set in the partnership agreement or operating agreement.

LLC taxed as an S corporation First, an LLC would need to elect to be taxed as a corporation by filing Form 8832, Entity Classification Election. After that, an LLC can then file a Form 2553, Election by a Small Business Corporation, to elect tax treatment as an S corporation.

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S Corp Status For Llc In California