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The? check-the-box regulations permit an LLC to be taxed as a C corporation. There are no tax consequences of a partnership converting to a C corporation. Section 351 applies to an exchange if the contributing shareholders own more than? 50% of a? corporation's stock after the transfer.
The reason might be to reduce exposure for you and the other owners to Social Security and Medicare taxes, which come in the form of the self-employment tax for partners. Specifically, each partner's share of net partnership income is usually fully exposed to the self-employment tax.
It remains an LLC for state charter purposes, but files taxes like a C corporation (both federal and state). In this specific case of conversion, since the LLC wants to re-form as a C corp, it will be viewed as a new entity. This means a new charter from the state, and it must get its unique EIN number.
Finally, the conversion of an LLC into a C Corp may be taxable for some LLCs: This can occur in LLCs that spend money borrowed and then deduct the money spent as expenses. As a result, LLC members may experience an income gain based on LLC profits caused by the conversion.
Yes, ing to IRS guidelines, you'll need to get a new EIN when you convert from an LLC to a corporation.