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Starting a Small Business/filling out form 2553

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Question
My wife and I are building a dental office from the ground up, its not completed yet. On form 2553 B Date incorporated:Would that be the date I filed with the secretary of State's office?(my state is MS) Do I choose 1,2,3 or 4 on F(we will report taxes to the IRS quarterly). My wife and I are both Dentist( we are the owners). On H: Do I put my name there? Who would be the legal representation? At the end of part 1 page2 would I be the officer? What would the title be? Part 2  Do I fill in J,K,L,M,N (its just me and my wife.  What about part2 O,P,Q & R (the business is not up and running yet).  
Part3: Who would be income beneficiary name & address? Who would be the trust's name and address and the rest of part3 ? this business will be an LLC (s-corporation) thank you for any help.

Answer
On form 2553:

B Date incorporated is the dated the articles of organization were filed with the Secretary of State's office.  That is not necessarily the day the articles were submitted.  The date should be shown on the confirmation you received from the Secretary of State.

F Selected tax year in almost all cases is the calendar year.  It is unlikely that as dentists you would use any other year but if you have any doubt, you should talk to an attorney or accountant.

H Name and title of officer or legal representative would probably be you, based on the fact that you are the one asking these questions. Your title might be member (since you say this is an LLC) but it could be a number of other things like manager or even president.

Part 2  Do I fill in J,K,L,M,N? Yes, that must be completed.  

What about part 2 O,P,Q & R? Not unless you elected a fiscal year in section F that was not the calendar year or a 52-53 week year based on the month of December.

Part 3: You do not need this unless one of the shareholders is a trust that is seeking to make an election to be treated as a QSST.  Since you indicated that you and your wife are the members of the LLC, you apparently do not have a trust as a member of the LLC.

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David K. Staub

Expertise

I am a business and tax attorney and have spent more than 35 years assisting people in starting a wide variety of businesses. I can answer questions about the basic differences between the various entities available to new businesses, including limited liability companies, corporations, S corporations and partnerships. I can provide guidance in other areas facing start ups, such as hiring employees, signing contracts and obtaining necessary licenses. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.

Experience

I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.

Website
Staub Anderson LLC
Illinois business attorneys

Practice Areas
Business Organizations
-Corporations

-LLCs
-Partnerships

-Joint ventures
Mergers & Acquisitions
-Buying/selling business
Securities Law
Tax Law
Technology Law
-Software licenses
-Development agreements

Trademarks

Organizations
Illinois State Bar Association; Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Keystone Foundation (Trustee); Association for Corporate Growth; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi

Publications
Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter

Education/Credentials
Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974

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