Legal Question in Business Law in Florida
I recently forms a LLC and contacted the IRS for an EIN. They assigned the EIN as a sole proprietor LLC EIN. Does this mean that someone can go after my personal assets?
2 Answers from Attorneys
The IRS treats LLCs as partnerships for income tax purposes (unless a specific election for other tax treatment is made). You cannot have a "partnership" with only one partner. So when an LLC only has one member the IRS considers the LLC as a "disregarded entity" for tax purposes. Therefore, the tax treatment is identical as if you were operating a sole proprietorship. The IRS tax treatment of an LLC has nothing to do with ( and does not alter ) liability protections provided by Florida's LLC statutes.
With that said, there is a glitch in Florida's LLC statute that might not provide complete liability protection to the member of a single member LLC in all cases. This is something you should discuss with an attorney.
If you are a single member LLC, and it appears you are, then an LLC doesn't give you protection from creditors.
At this point you may want to consult with an attorney to avoid future issues that are developing.
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