Karen Lee Posted March 5, 2015 Report Posted March 5, 2015 Client forms an LLC but does not file an SS-4. Client does not have papers of organization just filled out state application. Client has contracting business but the LLC is only for the "rentals". Client states that they will be treated as sole proprietor (disregarded entity) for the LLC. I don't believe they have filed a new business application for a UBI for the LLC. Does an SS4 have to be filed for the LLC? The LLC paperwork was filed in late 2014 but the client doesn't want it to be effective until 2015. Can the filing for LLC business be put "on hold" until the client "feels like" using it. My last year and can't stand this. Very "short timers" attitude. Karen Quote
Lee B Posted March 5, 2015 Report Posted March 5, 2015 (edited) Usually the two reasons for obtaining an EIN are payroll or the bank won't open a business checking account without an EIN. Here in Oregon the last several years I have had clients who set up an LLC, who went to the the bank with an EIN and the bank would not open a business account without a copy of the LLC Operating Agreement. If that happens, they may have to go an attorney or at least Rocket Lawyer or Legal Zoom to have an Operating Agreement created. Edited March 5, 2015 by cbslee Quote
Lion EA Posted March 5, 2015 Report Posted March 5, 2015 Their missing paperwork should state the start date; might well be 1 January 2016. One common reason for organizing an LLC is to hold rentals to protect personal assets if someone's hurt or something in the rental. If SMLLC and no employees, no reason for an SS-4; but I prefer NOT to use my SSN so have an EIN. Tell client to bring you info. He can contact his SOTS to obtain copies, maybe for a fee, or search online. Not your problem! 1 Quote
Lee B Posted March 5, 2015 Report Posted March 5, 2015 Also, the LLC is a hollow shell until it's funded by the contribution of assets or cash. So hold off on the bank account, operating agreement, SS -4 , etc until such time as your client is ready to use the LLC Quote
kcjenkins Posted March 6, 2015 Report Posted March 6, 2015 If the client wanted it "for the rentals" then the rental properties need to be titled to the LLC. or it is meaningless. Ask more questions. Quote
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