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LLC fee when taxed as an scorp?

February 08, 2017 • Christina Rivas • Log In to Post Comments

If an LLC Partnership was created November 2016 - business started January 2017. They want to be taxed as an scorp. Can they avoid the LLC fee for 2016 if I file a 2553 for them to be taxed as an scorp?

Thank you!



Hi Christina, 

If your asking whether the LLC can avoid the $800 minimum tax in 2016, the answer is yes if the LLC elects in the first year of its existence to be taxed as a corporation. 

Thank you Sandy. This is the first time I have ran accross this. Wanted to confirm. I appreciate your post. 

Glad to help.

In the same scenerio above - would they file their statement of information as an LLC or as an Scorp? Thanks!

For SOS purposes they are still considered an LLC, so they would file their state of information as an LLC.

That is what I thought but this is my first rodeo with this type of situation. Thanks again!


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