I have owned a market since and it is currently an LLC. It is very profitable now and I want to change it to an S Corp to save some money on taxes. Can I somehow backdate it to the beginning of 2011?
No. The date you incorporate is a matter of public record. You can see for yourself here: http://kepler.sos.ca.gov/ .
One advantage of an LLC is that it can be treated like a partnership for tax purposes. That should have been done already. If not, you need to talk to your lawyer.
www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
No, the date of incorporation is a matter of public record, and if any attorney claims they will assist you in defrauding the IRS or Franchise Tax Board you should run away.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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