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Limited Liability Company (LLC)

A Limited Liability Company (LLC) is a business structure allowed by state statute. Each state may use different regulations, and you should check with your state if you are interested in starting a Limited Liability Company.

Owners of an LLC are called members. Most states do not restrict ownership, and so members may include individuals, corporations, other LLCs and foreign entities. There is no maximum number of members. Most states also permit “single-member” LLCs, those having only one owner.
A few types of businesses generally cannot be LLCs, such as banks and insurance companies. Check your state’s requirements and the federal tax regulations for further information. There are special rules for foreign LLCs.

Classifications
Depending on elections made by the LLC and the number of members, the IRS will treat an LLC as either a corporation, partnership, or as part of the LLC’s owner’s tax return (a “disregarded entity”). Specifically, a domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation. And an LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate entity for purposes of employment tax and certain excise taxes), unless it files Form 8832 and affirmatively elects to be treated as a corporation.

Effective Date of Election
An LLC that does not want to accept its default federal tax classification, or that wishes to change its classification, uses Form 8832, Entity Classification Election, to elect how it will be classified for federal tax purposes. Generally, an election specifying an LLC’s classification cannot take effect more than 75 days prior to the date the election is filed, nor can it take effect later than 12 months after the date the election is filed. An LLC may be eligible for late election relief in certain circumstances. See Form 8832 General Instructions for more information..

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73 Responses to Click to Tell Us Your Experience At Your Local Tax Office

  1. Most people use the Schedule D form to report capital gains and losses that result from the sale or trade of certain property during the year. As of 2011, however, the Internal Revenue Service created a new form, Form 8949, that some taxpayers will have to file along with their Schedule D and 1040 forms.

    Capital asset transactions
    Capital assets include all personal property, such as your home, car, artwork and collectibles, to name a few. It also includes your investments assets, such as stocks and bonds. Whenever you sell a capital asset held for personal use at a gain, you need to calculate how much money you gained and report it on a Schedule D and, depending on your situation, perhaps Form 8949. Capital assets held for personal use that are sold at a loss generally do not need to be reported on your taxes and the loss is generally not deductible.
    source: https://turbotax.intuit.com/tax-tips/investments-and-taxes/guide-to-schedule-d-capital-gains-and-losses/L1bKWgPea

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Taxoffices.org is a private website not a government website. If you have questions on your taxes it is always best to consult with a certified tax accountant in your state. The Tax Relief Helpline is NOT A State Government or IRS service and is not affiliated with taxoffices.org.