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Jonathan Tierney
Jonathan Tierney, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 322
Experience:  Tax Accountant at Praxair, Inc.
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I want to transfer the vehicles from my LLC into my newly

Customer Question

I want to transfer the vehicles from my LLC into my newly formed S-Corp. However, the registry is saying that since the "owner" was listed as the LLC, I'll have to re-register them with the S-corp, and repay sales tax at the market value of the vehicles. Is there a way around this?
Submitted: 1 year ago.
Category: Tax
Expert:  Jonathan Tierney replied 1 year ago.

Hi, my name is ***** ***** my goal here is to provide you with the most complete and accurate answer possible.

Has the new corporation already been formed? LLCs are allowed to elect to be taxed as associations (corporations) and make an election to be a S corporation. This is all done for tax purposes but the legal entity under state law remains the same. If you try this, there is no ownership change for the vehicle.

However, Massachusetts has exemptions when transferring vehicles to and from business entities by their owners, though they seem rather narrow. You can read about them on the DMV website here: http://goo.gl/sLdNgv. I wrote the exception seems narrow as is might seem that you would need to dissolve the LLC and take the vehicle as a distribution, exempt from sales tax by putting it in your name, and then transferring it to the new corporation in exchange for stock in the corporation. I would say you could make the LLC an owner of the S corp and simplify the process however an LLC is an ineligible owner of a S corporation (the S election would become invalid).

I hope this answers your question. Please let me know if I can clarify anything or answer any additional questions. Thanks, Jonathan