That would seem to make sense. It's not an issue with a partnership because
you can't have a single member partnership. Which is also one of the
benefits of an LLC. It shares many of the same characteristics of a
partnership. But I digress. I am not a tax professional. I left that arena
10 years ago and I know the code has changed plenty since then.
kah



On Sun, Aug 23, 2009 at 6:10 PM, Terry Brown
<[email protected]>wrote:

>  I think the main reason this is stated this way in the tax code is that
> inherently a single member LLC has the tax impact flow through to the single
> member - so effectively there is no difference than filing as an
> individual.  Isn't that right?
>
>
>
> But still - that has no bearing whatsoever on whether a business person
> should consider filing as an LLC.
>
>
>
> I agree 100% - consult a professional.
>
>
>
> <http://www.designfirms.org/awards/>**
>
> <[email protected]> <[email protected]>**
>
> <[email protected]>
>
>
>  ------------------------------
>
> *From:* [email protected] [mailto:
> [email protected]] *On Behalf Of *Keith Aric Hall
> *Sent:* Sunday, August 23, 2009 6:00 PM
> *To:* [email protected]
> *Subject:* [Refresh Austin: 4385] Re: business model
>
>
>
> I'm not sure the point you are trying to make here. If you read on further
> you will see that it says...
>
>
>
> "Remember, this is only a mechanism for
>
> tax purposes. It doesn’t change the fact that
>
> the business is legally a Limited Liability
>
> Company."
>
>
>
> Which means the personal liability protection and other legal statuses
> still apply to single member LLCs. And if an LLC has more than one member it
> files form 1065. The form you file is only a mechanism for reporting
> income/loss to the tax authorities. It does not interfere with legal status.
> Nor does it change your "tax status."
>
>
>
> We can go on and on ad nauseam. My point still stands. You need to consult
> a tax/legal professional.
>
>
>
> kah
>
>
>
> On Sun, Aug 23, 2009 at 5:45 PM, ferodynamics <[email protected]>
> wrote:
>
>
> www.irs.gov/pub/irs-pdf/p3402.pdf
>
> "What Kind of Tax Return
> Do I File?
> 1. Single member LLCs.
> Generally, when an LLC has only one
> member, the fact that it is an LLC is ignored
> or “disregarded” for the purpose of filing a
> federal tax return.1"
>
>
> On Aug 22, 6:35 pm, Keith Aric Hall <[email protected]> wrote:
> > Dude, please stop. Pub 555 is in regards to community property laws. It
> has
> > nothing to do with your federal tax status or your federal tax return.
> LLCs
> > file form 1065 same as a partnership. You may not be making it up, but
> you
> > certainly do not know what you are talking about.
> > I got my degree in accounting and worked both Arthur Andresen, LLP and
> Ernst
> > & Young, LLP as a tax accountant 10 yrs ago before i made the jump to web
> > dev and graphic design. Information can be a dangerous thing. Please
> consult
> > a tax professional.
> >
> >
> >
>
> > On Sat, Aug 22, 2009 at 5:43 PM, ferodynamics <[email protected]>
> wrote:
> >
> > > I don't make this stuff up, I'm sure you can find plenty more
> > > references as IRS.gov -
> http://www.irs.gov/faqs/faq/0,,id=199633,00.html
> >
> > > "If the LLC has:      Only one owner, (see Publication 555, on
> > > community property states), it will automatically be treated as if it
> > > were a sole proprietorship (a disregarded entity), unless an election
> > > is made for it to be treated as a corporation."
> >
> > > As I said, no distinction.  You file as a sole proprietor, partnership
> > > or corporation, you don't file as LLC.
> >
> > > On Aug 22, 4:13 pm, Keith Aric Hall <[email protected]> wrote:
> > > > I disagree as well.
> > > > LLCs are not the same as C-Corps. Your point about tax benefit of LLC
> vs
> > > > C-Corp is incorrect as well. The IRS does make a distinction.
> >
> > > Good one.  Now where's your proof?
> >
> > --
>
> > Keith Aric Hall
> >
> > http://www.keitharichall.com/
> > twitter: keitharichall
>
>
>
>
>
>
> --
> Keith Aric Hall
>
> http://www.keitharichall.com/
> twitter: keitharichall
>
>
> >
>
>


-- 
Keith Aric Hall

http://www.keitharichall.com/
twitter: keitharichall

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