S LLC Corporation

S LLC CorporationNo acceptance means the default still stands

If nobody filed an election, the member count is the whole answer. One owner and a group of owners are not the same default.

Count the members
Neither paper is in the file, so the default already in the law stays.

One

One owner.

A single-member LLC with no election is ignored for federal tax. The activity is reported by the owner. The company still exists at the state. Banks still want a name. The name is the LLC. The return is the owner's. Holding both ideas at once is the skill, and it is not a trick.

Wages to yourself in that setup are usually the wrong word. There is no separate taxpayer to employ you in the way an S election creates. Forcing a wage creates a fiction the return will not back up. Draws stay draws until a letter says otherwise.

People hear ignored and think the company is fake. It is not fake. The state issued it. The IRS chooses not to see a separate taxpayer. Those are different sentences, and both of them can be true on the same afternoon.

More

More than one owner.

Two or more members, and no election, means the company is taxed as a partnership. A partnership return is its own form. It is not an S corporation return. It is not a blank. The mashed label hides this and leaves people expecting a form they do not file.

Partnership books have capital accounts. S corporation books, if you later elect, have a different equity shape. Switching the words in the chart before the letter arrives means the books are rehearsing a company you do not have yet.

The first cup before the shop opens is a morning that starts before the errands. We know that feeling. The member count is the errand. It takes one honest number, and the default for the return follows that number until an acceptance letter says otherwise.

The

The wish is allowed to stay a wish.

You can want an S election and not have one. Wanting it is a conversation about timing, about payroll setup with a provider, and about whether the year in front of you is the year to file. Wanting it is not a box you check on a W-9 or a bank form.

Tell us the member count. We will name the default in one sentence. If you want to leave the default, that is a separate conversation, and it starts with a filing, not with a new company.

Tell us the member count

Steven Palmieri, Tax CFO

You will be talking to the Steven Palmieri practice.

Where to go from here.