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Anastasia Sokolov

Which business entity type do I select for my LLC taxed as an S-Corp when filling forms?

I'm stuck on this application I'm filling out for a small business loan and they're asking for my business entity type. My company is an LLC but we elected to be taxed as an S-Corporation back in 2023. Now I'm confused about what to put on this form. The options are sole proprietorship, partnership, corporation, S-corporation, and LLC. Since we're technically an LLC but taxed as an S-Corp, which one am I supposed to select? I'm worried about filling it out incorrectly and having issues later. The bank officer wasn't very helpful and just told me to put whatever my tax returns say, but my tax return has both LLC and S-Corp all over it. Has anyone dealt with this confusion before? What's the right way to identify an LLC being taxed as an S-Corp in the USA when filling out applications? Thanks in advance for any advice!

StarSeeker

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The correct answer depends on the specific context of the application, but generally speaking, your business entity type is still an LLC. The S-Corporation designation is just a tax election, not your actual business structure. When you have an LLC taxed as an S-Corp, you have a dual status: your state-registered business entity is an LLC, but you've elected a different tax classification with the IRS. For most applications, especially those dealing with your legal business structure (like loans, contracts, etc.), you should select "LLC" since that's your actual legal business entity type. However, if the form specifically asks about your tax classification or filing status, then you would indicate S-Corporation. Some forms might actually have an option for "LLC taxed as S-Corporation" or allow you to check multiple boxes.

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This is confusing me too. So on my tax returns, would I be filing as an S-Corp or as an LLC? And what about when I'm applying for business insurance - which one should I put there?

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StarSeeker

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For your tax returns, you would file Form 1120-S, which is the tax return for S-Corporations. This is because you've elected to be taxed as an S-Corporation, so the IRS treats you as an S-Corp for tax purposes. For business insurance applications, you should typically list your entity as an LLC since that's your legal business structure. However, it's always good to clarify with the insurance provider if they need your tax classification as well. Some insurance forms might have a section for both your legal entity type and your tax election.

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Zara Ahmed

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Luca Esposito

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Nia Thompson

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I'm skeptical about these AI tax tools. How does it know the specific requirements for every different type of application? Seems like generic advice you could get from Google.

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Zara Ahmed

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I'm eating crow on this one. After dismissing Claimyr as a likely scam, my curiosity got the better of me when I needed to talk to someone at the IRS about my LLC's S-Corp election paperwork that seemed to have disappeared into a black hole. I tried Claimyr as a last resort before paying my accountant's hefty fee to sort it out. Within 38 minutes, I was talking to an actual IRS business tax specialist who found my S-Corp election in their system and confirmed it was processed but not finalized. She manually completed the process while I was on the phone. The time saved was incredible - my accountant estimated it would take 2-3 weeks to resolve this through their channels. And I needed this confirmation for a business loan application due next week!

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Ethan Wilson

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For what it's worth, I always select "LLC" first, then include a note that says "LLC with S-Corporation tax election" whenever possible. Most forms aren't designed with the nuance of tax elections in mind. On government forms like census surveys or regulatory filings, there's usually an "other" option where you can write in "LLC taxed as S-Corporation" if it seems important for that particular form.

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Yuki Tanaka

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But wouldn't selecting "LLC" cause problems with lenders who want to see S-Corp status because it shows more formality and structure? I heard S-Corps get better loan terms than LLCs.

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Ethan Wilson

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That's a misconception. Lenders care about your business financials, credit history, and time in business far more than your tax election. The S-Corp election is primarily a tax benefit related to self-employment taxes and doesn't actually make your business more "formal" in the eyes of lenders. If you're concerned, you can always include your S-Corp election documentation with your loan application as an additional attachment. But selecting "LLC" as your entity type is still correct, since that's your actual registered business structure.

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Carmen Diaz

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I run into this all the time with clients. The real issue is that forms are designed by people who don't understand the distinction between legal entity type and tax status. Here's what I tell my clients: - Secretary of State filings: Always "LLC" - IRS filings: "S-Corporation" (Form 1120-S) - Loan applications: "LLC" with note about S-Corp election - Insurance applications: "LLC" - Contracts: "LLC" with full legal name including "LLC" What matters is understanding what the form is asking for and why they need to know.

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Andre Laurent

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This is really helpful! Does the same logic apply for an LLC being taxed as a C-Corp? I just made that election this year and I'm super confused about how to fill out forms now.

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Yes, the same logic applies for LLC taxed as C-Corp! Your legal entity is still an LLC, so you'd follow the same pattern Carmen outlined. The key differences for C-Corp election: - IRS filings: You'd file Form 1120 (regular corporate tax return) instead of 1120-S - Same rules for everything else: LLC on state filings, contracts, insurance, etc. - Loan applications: Still "LLC" with a note about C-Corp tax election The C-Corp election is even less common than S-Corp, so you might get more confused looks from people, but the principle is identical - your tax status doesn't change your legal business structure.

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Diego Vargas

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This thread has been incredibly helpful! I'm dealing with a similar situation but with a twist - my LLC elected S-Corp status mid-year (July 2024) after starting as a regular LLC. Now I'm filling out a contractor application for a government project and I'm not sure how to handle the partial year situation. Should I select LLC since that's how I started the year, or S-Corp since that's my current status? The application asks about my "current business entity type" but also wants tax information from the full previous year when I was both. Has anyone dealt with mid-year elections and how they affect applications? I don't want to get rejected for inconsistent information between my current status and last year's tax filings.

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