Schedule C LLC Single Member Exception?
Every year I threaten someone with an examination relating to single member LLC (SMLLC) Schedule C
filing theory, a.k.a.: entity disregarded as separate from owner (Sec. 301.7701-3(b)(1)(ii)).
Investment SMLLC: Active versus Passive LLC income
Example 1
Single member LLC invests in:
...Real Estate Investment Trust mutual funds
..."Day trading" option sales
...NYSE stocks held for minimum of 180 days
Example 2 SMLLC
Developer forms SMLLC. Funds LLC with $100,000 cash. SMLLC loans $100,000 to XYZ Inc. for
development of a building for rent receiving a Promissory Note at 7% in return with an option to
purchase 10% of XYZ Inc. in 36 months. SMLLC performs no services nor conducts any sales.
Q: Is SMLLC a Schedule C "Small Business" Filer if the SMLLC restricts activities to
activities classified as nonbusiness investment?
Do we advise the person to file Schedule C (small "business"). Remember, a "business" excludes
certain passive investing activities. If the LLC is a Single Member LLC (SMLLC) is Schedule C
appropriate to express income from nonbusiness sources.
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Last edited by Helse; 04-17-2010 at 04:18 PM..
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