16 Nov 2021
Signed, Sealed, and Delivered: IRS Guidance for LLCs Seeking Tax-Exempt Determination Letters
The Internal Revenue Service has provided guidance clarifying the standards a limited liability company (LLC) must satisfy to receive a determination letter recognizing it as tax-exempt under I.R.C. Section 501(a) and as described in I.R.C. Section 501(c)(3). One requirement that must be met before a favorable determination letter is issued to an LLC is that both the LLC’s articles of organization and its operating agreement include certain provisions. The clarified standards issued by the IRS provide welcome guidance for taxpayers because the regulations under I.R.C. Section 501(c)(3) predate the enactment of the first LLC statute in the United States. I.R.S. Notice 2021-56, 2021-45 IRB 1 (Oct. 12, 2021).
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