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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I formed an LLC in PA construction business.

Customer Question

Hello,
I formed an LLC in PA for my construction business. For tax purposes, my accountant says I should not have made my wife a partner, but rather an employee...
Is there a way to remove her as a member or do I have to open another LLC with different EIN and name, etc.
Would it be easier to start over?
If so, is it hard to close an LLC?
Can I be the sole member of the LLC and be taxed as an S corp?
If not, can I make one of my minor children a member?
I really would like to keep the name of the business and EIN.
Thanks
Submitted: 1 year ago.
Category: Business Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. You can remove your wife as a partner easily enough....as long as she is agreeable to it. She could sign her ownership interest over to you with a simple transfer document.....and you could also do a resolution for the LLC authorizing the transfer.
Expert:  Roger replied 1 year ago.
You can get a local lawyer to help you draft the paperwork and get the changes made to your existing LLC. That would be much easier than starting over with a new LLC.
Expert:  Roger replied 1 year ago.
You can have a sole member LLC.....but how that works with your taxation options is a better question for your accountant.

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