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George SaenzDetermining LLC income

 

Dear Tax Talk,
If the members of a limited liability company (LLC) contribute money to the LLC for operating costs, is that considered "income" for the LLC?
-- John

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Dear John,
A limited liability company is automatically considered a partnership for tax purposes unless it elects to be treated as a corporation. A contribution of money by the members of an LLC is considered a contribution to capital of the partnership and not income. The same is true for a contribution of money by shareholders of a corporation.

Since the LLC needs these funds to pay operating costs, the contribution will flow back to you as a tax deduction in the form of a loss from the partnership. For example, suppose the LLC made $100,000 in sales and incurred $120,000 in costs. If the partners contribute the $20,000 deficiency and the partnership pays its bills the partnership will have an overall loss of $20,000, which would be a deduction to the partners.

Since the Internal Revenue Service considers bank deposits as income unless you prove otherwise, it's important that you keep good records to establish the contribution to capital. For example, a copy of the partners canceled check would be good documentation.

 
-- Posted: Dec. 21, 2004
   

 

 
 

 

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