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Posted

Here are a couple of questions.

a) can an LLC currently be taxed as a sole proprietorship make a tax election now to henceforth be taxed as a C corporation?

b) if so, can the owners be added to payroll for the personal services they render and receive MERP benefits?

Posted

Here are a couple of answers:

a) Yes, under the check the box rules.

b) Yes, just like any C corporation. However, if they elect to be taxed as an S corporation, they will not be able to enjoy MERP benefits, as those will be passed through to the 2% owner.

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