If I file with the Internal Revenue Service as a LLC but ask to be taxed as a corportation, can I file with my state as a corporation?

Asked on September 9, 2014 under Business Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have the option, if you are an LLC, to be taxed as either a corporation or a partnership, but that option must be exercised consistently across state and federal filings. If you are an LLC, you cannot file "as" a corporation--you must properly identify your business structure. You can just file as an LLC seeking to be taxed a corporation.

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