Form with which a corporation may resolve to alter its corporate status top that of a subchapter (S) corporation.
S Corporation With Llc Subsidiary In Riverside
State:
Multi-State
County:
Riverside
Control #:
US-0046-CR
Format:
Word;
Rich Text
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FAQ
If you cancel your LLC within one year of organizing, you can file Short form cancellation (SOS Form LLC-4/8) with the SOS. Your LLC will not be subject to the annual $800 tax for its first tax year.
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.
One major advantage of an S corporation is that it provides owners limited liability protection, regardless of its tax status. Limited liability protection means that the owners' personal assets are shielded from the claims of business creditors—whether the claims arise from contracts or litigation.
Unlike an S Corporation or an LLC, it pays taxes at the corporate level. This means it is subject to the disadvantage of double taxation. As well, a C corp also must comply with many more federal and state requirements than an LLC. C corporations provide the following considerable advantages: Separate legal identity.
Disadvantage #1: Not Making Enough Taxable Income If your business is not earning enough income, the costs of an S-Corporation may outweigh the benefits. Many tax advisors believe that business income should exceed $40,000 before considering an S-Corporation.
Step 2: Weigh the pros and cons Advantages: Enhanced credibility, access to capital, limited liability, and the ability to attract investors and top talent. Disadvantages: Higher setup and maintenance costs, double taxation, extensive record-keeping and reporting requirements, and reduced privacy.
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.
Unlike an S corporation, any “person”–i.e., any individual, partnership, limited partnership, trust, estate, association, corporation, other limited liability company, or other entity, whether domestic or foreign–can be a member of an LLC. See Corp C §17001(ae).
KEY TAKEAWAYS: 1) Licensed professionals cannot form LLCs in California. 2) Licensed professionals may form Professional Corporations or Limited Liability Partnerships. 3) Non-Professional Occupational licensees can form LLCs (e.g., food handlers).
Having a California S Corporation own an LLC may also provide more flexibility in the allocation of profits and losses. California S Corporations are required to distribute profits and losses to shareholders based on the proportion of ownership, however, California LLCs are not limited to pro rata distributions and ...