The answer is YES, there are still restrictions on ownership for an LLC that is taxed as an S-Corporation. There is some confusion and it is important to understand that even if you have an LLC, once you choose to tax it as an S-Corp the S-Corp restriction on ownership also then apply.
To qualify for S-Corporation status, an LLC must meet certain criteria, including the following ownership restrictions:
- The LLC must have no more than 100 shareholders.
- All shareholders must be individuals, certain trusts, estates, or tax-exempt organizations.
- Shareholders cannot be non-resident aliens.
In addition to these ownership restrictions, an LLC that is taxed as an S-Corporation must also follow certain operational and reporting requirements, such as:
- The LLC must file an annual tax return with the IRS.
- The LLC must hold regular meetings and maintain corporate minutes.
- The LLC must issue stock certificates to its shareholders.
What this means is that your Asset Management Limited Partnership, is NOT QUALIFIED to own an LLC taxed as a partnership.
It's important to note that while an LLC that is taxed as an S-Corporation may have some tax advantages, such as avoiding double taxation, it may not be the best choice for every business. It's always a good idea to consult with a tax professional or attorney before making any decisions regarding your business structure.
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