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Status: Mindfulness Trainee
Joined: Jul 2007
Posts: 2,764
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Expertise: Fastlane Student
Locale: Lazy Sombrero, Montana
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Re: can i change from sole proprietorship to llc ?
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Apr 8th, 2008, 05:11 PM
#4 (permalink)
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500 filing fees is expensive for an LLC, particularly on an annual basis. What state are you in?
I'll answer your origional question (sort of - through a true story) but first...
FUNDING FOR A NEW BIZ: Have you looked at your total start up costs? If you would struggle to come up with 500, I wonder if you have enough to fund the rest? I would strongly suggest you figure out how to come up with the 500 bucks. Sell some stuff on e-bay or something. There is a reason for the LLC... asset protection, etc.
To answer your origional question: I'll just tell you a story.
I had an LLC, and I needed to change to an S-Corp. I called the IRS. A representative told me that I could keep the same EIN number, I just needed to fill out a form. (I don't remember the number).
I told my accountant. She said, "I have never heard of that" but she looked it up and confirmed that I could fill out that form. We did and went about business as usual.
One year later, I got a call from the IRS. "You can't keep the same number when you switch from an LLC to an INC. We issued you a new number. Here it is." I said, "Yes you can. I was told about form xxx from an IRS rep and I filled it out."
They said. "no you can't."
It was pointless to fight it, as they had already issued a new number.
It caused a huge headache. I had employer payments getting filed under one number and forms getting filed under the other number. I had letters from the IRS stating that I had not payed my employer tax under one number, and letters stating that I had money sitting there, but no return on the other number. BLECH.
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