S Corp Status For Llc In Santa Clara

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

Description

The form titled Resolution is designed for corporations in Santa Clara seeking to elect S corporation status under the Internal Revenue Code and state tax code. This form outlines the necessary resolutions required for the Board of Directors to authorize actions aimed at obtaining S corporation treatment, including the filing of relevant election documents with the IRS and state taxing authority. Key features include the ability for officers to perform necessary acts independently, the ratification of any prior actions, and official certification by the Secretary of the corporation. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who are involved in corporate governance or tax planning. By using this form, users can ensure compliance with S corporation election procedures while simplifying the process of making formal resolutions. Clear instructions included facilitate filling and editing, making it accessible for individuals with varying levels of legal experience. Ultimately, this resolution serves as a critical component in establishing the advantageous S corporation status, providing potential tax benefits and operational flexibility.
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FAQ

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).

In most states, licensed professionals (architects, accountants, doctors, lawyers, therapists, etc.) offering professional services cannot form a “regular” California LLC. Instead, they must form a Professional LLC (PLLC).

The status of the LLC can be checked online on the Secretary of State's Business Search at BusinessSearch.sos.ca. See the FTB Suspension/Forfeiture section below for information about resolving an FTB suspended/forfeited status.

LLC treated as a corporation Business type If you want your LLC to be taxed as a corporation, you must file an election with the IRS. Use Entity Classification Election (Federal Form 8832) .

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.

The largest drawback of operating a single-member LLC in California is the hefty $800 franchise tax, and additional LLC fees on high income brackets. ing to Business Initiative, 10.34% of businesses in the United States are sole proprietorships.

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S Corp Status For Llc In Santa Clara