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Old 04-26-2005, 04:44 AM
Steve
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Default Re: Question re LLC taxed as corp

<guavaln[at]yahoo.com> wrote:
- quote -

> John Smith wrote:

> > I have a question about accounting for distributions when
> > the LLC is being taxed as a corp.
> > > I am familiar with the rules when it comes to Sole Props and

> > Pships -- distributions being draws against the member's
> > capital account.
> > > But what happens when the LLC is taxed as a corp. How is a

> > distribution (or I guess a dividend) treated against the
> > member's capital account.
> > > For example, say that the sole member contributed $1000 to

> > the LLC. Then $15000 in income is earned. Then the member
> > wants a $5000 distribution.
> > > Is the whole $5000 treated as a distribution (or dividend)

> > which is taxed to the member as a dividend or is only 4000
> > treated as a distribution/dividend with the $1000 being
> > reimbursement of capital?


> For tax purposes the LLC is a C corporation, so the C
> corporation rules apply. The distribution is a dividend to
> the extent of the corporation's earnings & profits. So in
> your example, the $5,000 would be all dividend.
> Of course, the member should be taking a salary if he or she
> is performing services for the corporation. Salary, but not
> a dividend, would be deductible by the corporation.


An LLC can also be an S Corp.

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Old 04-26-2005, 03:28 AM
guavaln@yahoo.com
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Default Re: Question re LLC taxed as corp

John Smith wrote:

- quote -

> I have a question about accounting for distributions when
> the LLC is being taxed as a corp.
> I am familiar with the rules when it comes to Sole Props and
> Pships -- distributions being draws against the member's
> capital account.
> But what happens when the LLC is taxed as a corp. How is a
> distribution (or I guess a dividend) treated against the
> member's capital account.
> For example, say that the sole member contributed $1000 to
> the LLC. Then $15000 in income is earned. Then the member
> wants a $5000 distribution.
> Is the whole $5000 treated as a distribution (or dividend)
> which is taxed to the member as a dividend or is only 4000
> treated as a distribution/dividend with the $1000 being
> reimbursement of capital?


For tax purposes the LLC is a C corporation, so the C
corporation rules apply. The distribution is a dividend to
the extent of the corporation's earnings & profits. So in
your example, the $5,000 would be all dividend.

Of course, the member should be taking a salary if he or she
is performing services for the corporation. Salary, but not
a dividend, would be deductible by the corporation.

Katie in San Diego

The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.

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  #-1  
Old 04-25-2005, 03:01 AM
John Smith
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Posts: n/a
Default Question re LLC taxed as corp

I have a question about accounting for distributions when
the LLC is being taxed as a corp.

I am familiar with the rules when it comes to Sole Props and
Pships -- distributions being draws against the member's
capital account.

But what happens when the LLC is taxed as a corp. How is a
distribution (or I guess a dividend) treated against the
member's capital account.

For example, say that the sole member contributed $1000 to
the LLC. Then $15000 in income is earned. Then the member
wants a $5000 distribution.

Is the whole $5000 treated as a distribution (or dividend)
which is taxed to the member as a dividend or is only 4000
treated as a distribution/dividend with the $1000 being
reimbursement of capital?

Any insight would be appreciated?

Ryan

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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corp, llc, question, taxed
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