How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Business Law
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Business Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I formed an LLC in PA construction business.

Customer Question

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.
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 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.