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97-002, all LLCs (including SMLLCs) organized after 1996 will be classified as partnerships for Alabama tax purposes, unless the LLC elects to be classified as a corporation under the FCBRs. For LLCs organized before 1997, the DOR will conform to the LLC's Federal tax classification for tax years before 1997, and, unless the entity elects otherwise, will conform to the LLC's Federal tax classification for tax years beginning after 1996.
97-001,(4) which had provided that an LLC composed of two or more members would be classified as a partnership unless it had elected to be classified as a corporation under the FCBRs. SMLLCs would have been taxed as corporations under both the income and franchise tax.
Although the Alaska DOR has not publicly announced its position regarding the FCBRs, in response to a survey it indicated that the state conforms to the Federal rules for both single- and mutt-member LLCs.(6)
Thus, the classification of an entity under the FCBRs determines its classification for Arizona tax purposes.
Legislation enacted during 1997 provides that an LLC's classification for Arizona tax purposes is consistent with its classification under the FCBRs.(8)
Under 1997 legislation,(9) California conforms to the FCBRs, effective for income and tax years beginning after 1996.
[sections] 7-80-203; however, the Colorado DOR has not publicly announced its position regarding conformity to the FCBRs. In responding to surveys and practitioner letters, the DOR has indicated that, because the state conforms to the IRC, it also conforms to the FCBRs.
Effective May 27, 1997, the state permits SMLLCs.(10) Although the DOR Services has not publicly announced its position regarding the FCBRs, in response to a survey, it indicated that the state conforms to the Federal rules for both single- and multi-member LLCs.
1, 1997, that an entity's classification for Delaware tax purposes is as prescribed for Federal tax purposes.(11) Unless inconsistent with Delaware law, the FCBRs are adopted for Delaware purposes.
The state will follow the FCBRs for purposes of Hawaii income tax law, effective Jan.
For example, an SMLLC is treated as a taxable entity for purposes of these taxes even if the LLC is disregarded under the FCBRs.
In response to a survey, the Idaho State Tax Commission indicated that the state conforms to the FCBRs for both single- and multi-member LLCs.
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