I owned a rental property under a S-Corp in California. To save money on my tax returns,

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should I convert my S- Corp To single member LLC or just keep it same way?

Attorney Answers

3
Raymond Haselman ·
First, check with the State of California about their 'franchise fees' for corps and LLCs.. I don't practice in Ca but I understand the State of Ca. charges high fees that may not make it worthwhile. Then you can bring the facts and figures to a good tax pro and determine the best way to go. Forming a corp or LLC is not always better if you just have one rental property with modest income.
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Emmanuel Michael PaturisTax LawyerAlexandria, VA ·
To convert from a Sub S Corp to an LLC necessitates a liquidation of the Sub S Corp which may result in taxable gain. I agree with the other attorney's suggestion that you employ a local tax attorney who may be able to assist you with the ppssible problem I mentioned and who can also advise you with respect to Cal's franchise taxes. This is for informational purposes only and should not be relied upon by anyone as legal advice.
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Kenneth Gray ·
You really need to speak with a tax attorney, because whether you would save on taxes (or owe much, much more) depends on what the business owns, how it was structured, and a number of other details not present in your question. One issue which would concern me is whether the assets in your S-corp are subject to the built in gains (BIG) tax upon conversion to a different type of entity. If the S-corp was, at any time, a C-corp and the C-corp passed assets to the S-corp, liquidating the S-corp in to another entity would trigger a capital gains tax. This is one of the big downsides to S-corps in general, you have to be very careful of any past items which could have been under C-corp status. As others have suggested here, you'll also want to consider franchise fees, self employment, and other detailed tax matters before undergoing any type of conversion. A tax attorney can help you with this, and you will find a number of qualified people here on .
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