Limited Liability Entities

Can a LLC be owned by another business?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

Yes, An LLC and a C Corporation may be owned by another business instead of individuals. S Corporations, Limited parnerships and Sole Proprietorships cannot be owned by other businesses.
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Limited Liability Entities

Are the LLC owners liability limited?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

Yes. LLC's have similar liability limits as do C or S Corporations. Sole Proprietorships and Limited Partnerships are personally liable for business liabilities.
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Limited Liability Entities

Are there citizen requirements for LLC's?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

No. There are no citizen requirements for LLC's, Limited partnerships, Sole Proprietorships or S Corporations. There are citizen requirements for S Corporations.
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Limited Liability Entities

Is there a limit on the number of owners a LLC has?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

No. There is no limit on the number of owners (members) for a LLC or a Limited partnership or a C Corporation. There are limits for S Corporations and Sole Proprietorships.
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Limited Liability Entities

How does a Single Member LLC file its tax return?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

A single member LLC files as a disregarded entity on a Schedule C. It does not file as a Form 1065 Partnership tax return.
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Partnerships

What are some disadvantages of selecting to be a Partnership compared to other entities?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

Just as in a sole proprietorship, partners are still responsible for unlimited liability, both personal and business. Therefore, everything you own is at risk. Also, you cannot make certain important business decisions without the agreement of the partner. A general partnership offers few tax benefits to business owners.
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Partnerships

What are benefits of forming a Partnership?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

A partnership is a business in which two or more people agree to share ownership and management responsibility for a business. Often partners get together due to complementary skills. If you pick your partners for their skills, you may split responsibilities among the partners. You no longer have to be good at every aspect of the business, but may divide the duties according to each partners' expertise. Some benefits of forming a Partnership are it is easier to raise capital in a partnership than a sole proprietorship. You no longer have to depend solely on your borrowing power you also have the borrowing capability of your partner(s). In this way it is much easier to grow your business. By sharing in the profits, partners generally work harder and strive for success. You no longer have to depend on only your drive to succeed.
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Partnerships

Can my K-1 loss from my PTP offset other K-1 income?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

NO. PTP (Publically Traded Partnership) losses can only be used to offset income from that specific PTP.
It cannot be used to offset income from other PTPs or other K-1 entities.
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Partnerships

Are the K-1 losses that were limited by the "At-risk" rules lost?

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

No. The K-1 disallowed losses due to the At Risk limitation rules are not lost and can be carried over and may be deductible in future years. The term "At risk" means the exposure to the danger of economic loss. A person can claim a tax deduction in a limited partnership up to the amount he or she is at risk if the taxpayer can show it is at risk of never realizing a profit and of losing its initial investment
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Partnerships

Can I use my passive K-1 loss to offset my interest income

Asked Tuesday, January 03, 2012 by an anonymous user

CPA Answer:

Generally not. Interest income is defined as portfolio income, not passive income. Portfolio income includes interest, dividends, and gains on the sale of investment property. Passive K-1 losses can only be used to offset other passive income, except when the $25,000 special loss allowance for persons with active participation in rental real estate entities can be utilized.
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