Limited Liability Companies: Treating the LLC as Subchapter S Corp
San Diego Small Business Law Blog has a good post on this subject - S-Corporation Election For Your Limited Liabiliy Company (LLC)?
o why would you make the election to treat your LLC as an S-Corp? If you find the flexibility and ease of corporate governance for LLCs attractive, yet find that the tax advantages of S-Corps applies to your company, you can go ahead and combine the two.
Of course, you will still have to satisfy the requirements of S-Corporation:
1. Domestic corporation or eligible domestic entity (LLCs are)
2. No more than 100 shareholders
3. Shareholders must be individuals, estates, certain trusts and exempt organizations
4. No non-resident alien shareholders
5. Only one class of shares
6. Cannot be: A bank or thrift institution that uses the reserve method of accounting for bad debts under section 585, An insurance company subject to tax under subchapter L of the Code, A corporation that has elected to be treated as a possessions corporation under section 936, A domestic international sales corporation (DISC) or former DISC.
7. Tax year ending 12/31, a natural business year, an ownership tax year, a tax year selected under section 444, 52-53 tax year based on any of the above, or any tax year for which the corporation establishes a business purpose
8. Each shareholder consents in writing
