LLC Taxed as Corporation- Still A Partnership under 1563?

[Benefits Vet]

LLC has elected to be taxed as a corporation. For purposes of the attribution rules under 1562(e)(2), do you still have to look at 5% owners of the LLC in determining whether a controlled group exists? 

Does it matter whether it is an S-Corp or a C-Corp? 

I cannot find anything in the 1563 regs, but my guess is that the answer to both questions is no. 

Any thoughts appreciated. Thx!

[Mike Preston]

You don't use partnership rules at all when the LLC is taxed as a corp.

[Benefits Vet]

8 hours ago, Mike Preston said:

You don't use partnership rules at all when the LLC is taxed as a corp.

Do you have a cite for that? I looked under the 1563 and the LLC election rules and cannot find anything specific. 

[Mike Preston]

Not off the top of my head. Maybe somebody else does.

[Bill Presson]

6 hours ago, chibenefits said:

Do you have a cite for that? I looked under the 1563 and the LLC election rules and cannot find anything specific. 

If it's a corporation, you use 1563(e)(4) instead.

[Luke Bailey]

9 hours ago, chibenefits said:

Do you have a cite for that? I looked under the 1563 and the LLC election rules and cannot find anything specific. 

chibibenefits, the basis for this is Treas. reg. 301.7701-2(a), which says that its rules (the "check-the-box" regime) for determining an entity's classification is "for federal tax purposes," unless a specific section of the Code says otherwise. 1563 is a "federal tax purpose."

[Benefits Vet]

Thank you everyone!!