Where To File Irs
October 10th, 2008
Question: Does a LLC need to file with the state to be considered corporation before filing with the IRS?
If a LLC in CA wants to be considered a corp. for tax purposes, do they need to be considered a corp. by the state of CA first?
I was told by IRS agents that yes, I would have to change the LLC status with the state first. Then I was told that I can simply file Form 2553 (for S-Corp consideration) without going through the state. Thanks!
Answer: you have to organize a corporation first. without the legal right to act as a corp, you can't get an EIN number or file form 2553.
after your corporation is formed, you file 2553 with the IRS and mail a copy to the state tax board. [CA Franchise Tax Board in Sacramento, for you].
note that it is possible [although unlikely] for the feds to approve your LLC's tax pass through status [S-corp] and the state to deny it. Or even the reverse. [Usually, if the Feds grant it, the state will too.]
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