If I file with the Internal Revenue Service as a LLC but ask to be taxed as a corportation, can I file with my state as a corporation?
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If I file with the Internal Revenue Service as a LLC but ask to be taxed as a corportation, can I file with my state as a corporation?
Asked on September 9, 2014 under Business Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You have the option, if you are an LLC, to be taxed as either a corporation or a partnership, but that option must be exercised consistently across state and federal filings. If you are an LLC, you cannot file "as" a corporation--you must properly identify your business structure. You can just file as an LLC seeking to be taxed a corporation.
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