I currently have an LLC filed with the state of Michigan and I am trying to apply for an EIN number but I want the LLC treated as an S-corp. Do I need to first apply for an EIN number using my LLC and then file "Form 8832" when I receive my EIN number from applying using my LLC?
First, obtain the EIN for the LLC.
Second, fill out and fax IRS Form 2553 for S-Corp tax election.
I believe brother counsel is correct as to normal procedure but am not sure of your exact situation. I suggest you explain that to your present attorney or accountant, and if you do not have one for each engage them now. Fixing errors is MUCH more expensive the doing it right the first time.
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I agree with Mr. Jami. This is a straightforward process by which you should obtain the EIN for the LLC and then elect S Corp. status by filing form 2553. The form of the LLC does not change by virtue of the S Corp. election.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
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