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If one LLC acquires shares of another LLC, does the valuation of the capital gains/losses not occur until the investing LLC transfers, sells, or otherwise disposes of its shares (as is done in the realm of personal income tax)? If not, how does the investing LLC value its shares of stock in the investee LLC in order to report its gains or losses for tax purposes? Help is highly appreciated, especially in the realm of Albertville State and federal laws. I understand I can't get outright and specific legal advice, but citing or pointing me in the direction of a reliable source, legal or otherwise, would be equally helpful.
Need more information to answer yourquestion. Your answer will be completely different depending on: (1) if the first LLC is currently a single-member LLC that is treated as a disregarded entity. By default, if the first LLC did not make an election on Form 8832 and has one owner, it is treated as a single-member LLC (i.e. as if the owner held the LLC's assets and liabilities directly). (2) if the first LLC is currently a multiple-member LLC that is taxed as a partnership. By default, if the first LLC did not make an election on Form 8832 and has multiple-owners, it is treated as a partnership (i.e. as if the owners held the partneship interests in the LLC with the LLC owning it's own assets and liabilities directly). (3) if the first LLC is currently treated as a corporation (i.e. it made an affirmative election on form 8832 to be taxed as a corporation). The tax result will be different to you as the first LLC's disposition of the second LLC will not flow through to the owners of a corporation. (4) if the first LLC acquired more than 0% but less than 100% in the second LLC which was a single member LLC that did not elect to be taxed as a corporation, then this resulted in the second LLC in becoming a tax partnership. If this is the case, the the disposition of the second LLC is the dispostion of a partnership interest. (5) if the first LLC acquired a more than 50% interest in the second LLC which did not elect to be taxed as a corporation and was owned by multiple member, then this terminated the second LLC's status as a partnership for tax purposes and created a new tax partnership. (6) if the first LLC acquired a less than 50% interest in the second LLC which was treated as a partnershsip for tax purposes, then did the first LLC make an IRC 743/754 election nto obtain a step up in basis in its share of the partnership assets? (7) if the first LLC, which is a multiple-member LLC not taxed as a corporation, disposes of the second LLC which also is a multiple-member LLC (i.e. with other direct owners) then this would be treated as a sale of a partnership interest by the first LLC rather than a sale of asset by the first LLC. For state tax purposes, the sale of a partnership interest is a sale of an intangible and is taxed by each state differently than a sale of assets, depending on if the first LLC's members are corporations or individuals. The scenario's go on and on and the tax effects are different for each scenario.
As I recall, an LLC is a pass-through entity. So, the effects of all transactions should be reported by its members and shown on their K-1 forms. All financial transactions should retain their character to the members. That is, if the LLC elected to be taxed as a partnership (that would have been a "check the box" election upon formation.) Cannot help if LLC elected to be taxed as a Corporation.
The gains are calc'd the same as personal taxes. Sales price less basis. How it is reported depends on how the Investing LLC is filing, 1120 or 1065.
I believe the gain or loss is reported on IRS Form 4797 and the prorata share is reported to the owners on IRS Form 1065.