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Form Instructions 2553 Virginia Fairfax: What You Should Know

The opinion letters will tell you how to set up a corporation using a different name. What Are the Requirements for a Taxable LLC? Your taxable LLC must be formed in a “state”, if you're an outside the U.S. Must have no more than 5,000 invested in inventory or real estate Do you meet all the other ownership and business registration requirements? If you're a foreign small business corporation or a foreign individual, you can register with the Department of State as a nonresident corporation, a sole proprietorship, or a partnership, and you must make tax payments on behalf of the foreign corporation. However, you can pay for services provided by an agent of your foreign corporation. Taxable LCS & Partnerships You may be able to incorporate for tax purposes in more than one state. If you create a taxable limited liability company (LLC or partnership) in more than one state, it must register both in the state where you created it. If you form a new LLC in one state and want tax and registration to take place in your other state, you must register with both states. When you create a partnership or a limited liability company (LLC) in more than one state, the partner or company must register in the state where both entities are formed, regardless of where they are used. For example: If you form a U.S. LLC in the state of Colorado, you have to register in the state of Colorado for your LLC. However, LCS created outside the U.S. must register in the state where they are created. If you have a foreign LLC or LLC unit in more than one state, you must register in the country where your LLC is formed. Note: A partnership must be classified as a partnership for both states to apply. Example: A small business corporation in the U.S. would be classified as a partnership for only Arizona and no other state. Taxable LLC Units vs Partnerships LCS and partnerships: A tax liability may only be imposed on the entire partnership, even if a part of the LLC is an individual. The entity of which the LLC is a member may not be taxed on the partnership return or reported on an income tax return. LLC members may only receive partnership distributions. However, if the LLC partner is a partner in another LLC, the partner for tax purposes is the member of both LCS.

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