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Q: LLC limited liability "federal law" ( Answered 4 out of 5 stars,   2 Comments )
Question  
Subject: LLC limited liability "federal law"
Category: Business and Money > Small Businesses
Asked by: ikoskela-ga
List Price: $5.00
Posted: 26 May 2006 02:12 PDT
Expires: 25 Jun 2006 02:12 PDT
Question ID: 732522
My tax advisor mentioned to me that LLC's aren't recognized by the
federal government and do not provide limited liability under federal
law. Is this true?
Answer  
Subject: Re: LLC limited liability "federal law"
Answered By: tutuzdad-ga on 26 May 2006 07:28 PDT
Rated:4 out of 5 stars
 
Dear ikoskela-ga;

Thank you for allowing me to answer your interesting question. The
answer you received from your tax advisor appears to be accurate:

?Limited Liability Companies are a relatively new concept in business
structures and taxpayers have many questions regarding how becoming an
LLC affects their tax return. Since the federal government does not
recognize an LLC as a classification for federal tax purposes, such
entities must figure out how they should file their federal returns.?

?For Federal tax purposes, an LLC business entity must file as a
corporation, partnership or sole proprietorship tax return.

Federal tax laws will automatically classify and tax certain LLC
business entities as corporations. These entities are:

A business entity formed under a Federal or State statute or under a
statute of a federally recognized Indian tribe if the statute
describes or refers to the entity as incorporated or as a corporation,
body corporate, or body politic.

An Association under Regulations section 301.7701-3. 

A business entity formed under a Federal or State statute if the
statute describes or refers to the entity as a joint stock
association.

A state chartered business entity conducting banking activities if any
of its deposits are insured by the FDIC.

A business entity wholly owned by a state of political subdivision
thereof, or a business entity wholly owned by a foreign government or
other entity described in Regulations section 1.892.2-T.

A business entity taxable as a corporation under a provision of the
code other than section 7701(a)(3).

Certain foreign entities (see Form 8832 instructions). 

An Insurance Company.?

BUSINESS KNOW HOW
http://www.businessknowhow.com/startup/llcfaq.htm

?The LLC tax deduction as a classification is not recognized by the
federal government and therefore all entities who term themselves LLC
or limited liabilities companies must figure out how to pay their
federal taxes.

They have three options. They can file returns either as a
corporation, a partnership or sole proprietorship. In fact, the
federal government classifies certain LLCs as corporations and taxes
them likewise.?

EASY TAX DEDUCTIONS
http://www.easy-tax-deductions.com/LLC_tax_deduction.html

??the IRS doesn?t even recognize an LLC as a separate type of
organization. LLC?s get to choose how they are treated for taxation.?
ABOUT CONSULTING
http://consulting.about.com/od/faq/f/f_BizForm1.htm

?Current federal tax law does not recognize an LLC as a business entity.?
FRANCHISE TAX BOARD
http://www.ftb.ca.gov/law/legis/03_04bills/AB1859_020204.pdf

?The IRS will only recognize an LLC under Sec. 501(c)(3) if all.?
DEVELOPING A RESERVE POLICY MAY HELP YOU SURVIVE THE NEXT CRISIS
http://www.goodmanco.com/goodco/NP_AM_05.pdf


I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

Defined above


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

LLC

GOVERNMENT

FEDERAL

IRS

RECOGNIZE

ENTITY

TAX

CODE

Request for Answer Clarification by ikoskela-ga on 29 May 2006 12:09 PDT
I'm sorry, I should have been more clear. I understood the federal tax
liability issues surrounding an LLC. However, i am curious as to how
well an LLC shields its members from legal liability on a federal
level.

Clarification of Answer by tutuzdad-ga on 29 May 2006 14:38 PDT
The LLC is a state designation. For example, when an LLC member gets
sued individually, the creditor remedies vary depending on which of
the fifty state  laws apply. Thirteen of these states have adopted the
?Revised Uniform Limited Partnership Act? ( or ?RULPA?) which prevents
a creditor from foreclosing on an LLC member?s interest and forcing a
liquidation of the business. These states are:

Arizona 
Arkansas 
Connecticut 
Delaware 
Idaho 
Illinois 
Louisiana 
Maryland 
Minnesota 
Nevada 
Oklahoma 
Rhode Island 
Virginia

The protection afforded by an LLC is outlined here. Beyond this I know
of no unique measure of protection for an LLC, federal or otherwise.

THE NEW LIMITED LIABILITY COMPANY
http://www.reiclub.com/articles/limited-liability%20company

As I said, I still believe your tax advisor is correct.

Tutuzdad-ga
ikoskela-ga rated this answer:4 out of 5 stars
Thanks for your help.

Comments  
Subject: Re: LLC limited liability "federal law"
From: myoarin-ga on 26 May 2006 05:50 PDT
 
Perhaps your tax advisor is referring to the fact that if income from
the LLC is passed on to the owners, without federal income tax having
been deducted, they are then solely liable for meeting their tax
obligation on this income.

Maybe these sites can help:
http://www.lectlaw.com/files/buo01.htm
http://cobrands.business.findlaw.com/business_organizations/choosing/nolo/faq/ED01121A-B4BF-498A-8BC0DBD121A0C869.html
Subject: Re: LLC limited liability "federal law"
From: myoarin-ga on 29 May 2006 16:13 PDT
 
I was wondering if the question referred to liabililities other than
under federal tax law.
The very name "limited liability company" indicates the difference to
a partnership:  limited liability.  The liability for the company's
activities is limited to the company itself (barring illegal
activities of individuals).
As a corporate entity, the LLC can be sued, of course, but not the
owners  - if they haven't personally done anything illegal.

This seems to be what these sites say:
http://en.wikipedia.org/wiki/Limited_liability_company
http://sbinformation.about.com/cs/ownership1/a/LLC.htm
http://www.toolkit.cch.com/Text/P12_4476.asp
http://www.poznaklaw.com/articles/llc.htm

Since corporation laws are state laws, regardless of the type of
corporation (outside the special field of tax law), an LLC would
provide the owners the same protection under a federal offense by the
LLC that shareholders of a corporation have.

This site points out the assets of an LLC are protected against
personal claims against an owner:
http://www.toolkit.cch.com/Text/P12_4476.asp

Of course, this is no legal or professional advice, as you can read in
the disclaimer below.

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