LLC and Taxes

LLC and TaxesA shape, with the name taken off

Two people form a company, skip the federal election, and keep the money in one personal account. The year is not over.

Compare your shape
A drawn sketch of two invented owners, a January formation, and no federal election

What they did in the first month

They filed a certificate and paid the fee. They agreed out loud on an even split. Nobody wrote the split in the way a return requires, and nobody mailed an election. The bank account that receives the customers' money is still in one person's name, because that login already existed.

The pair is a teaching sketch, drawn so the seam is easy to see, and it does not describe a person who called. There is no dollar figure, because a figure would pretend the shape is a result. It is only an order of operations that shows up often enough to be worth recognizing.

What is already true, whether they like it

Silence on an election, with two members, generally points to Form 1065 and a K-1 for each of them. The even split they said at the table is not on that slip until someone records it. The company is real to the state. It is not yet a taxpayer of the kind they may have pictured.

The personal account means the deposits and the company are telling different stories. A later notice does not have to be dramatic to be predictable. The names do not match.

What can still be repaired this year

The account can be opened in the company name before more months pile up. The split can be written down. If an election is still available for this year, that is a dated choice, not a mood. If it is not available, the repair is to file the life that is real and to plan the next year on purpose.

The months that are still open can be categorized so the return has something to stand on. The months already spent from the personal account can be listed, not guessed. A list is a repair. A round number made up in April is a new problem.

What we would say on the call

We would ask for the certificate, whether any return has been filed, and whose name is on the account. Then we would say which default appears to be in force. We would not quote a saving. We would not recommend wages for a classification they are not in.

If the honest scope is a cleanup of the open months and one return, that is the scope. A standing close comes later, if money starts to move every week or someone is paid.

Start at formation

Name which part matches

Say which piece is true. The split, the account, or the missing election.

Steven Palmieri, Tax CFO

You will be talking to the Steven Palmieri practice.

Where to go from here.