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Frequently Asked Questions

What is a special allocation in the context of an LLC?

In the context of a Limited Liability Company (LLC), a special allocation refers to a unique arrangement where profits and losses are distributed among members in a manner that deviates from the standard proportional distribution based on each member's percentage interest in the business. This is a flexible feature of LLCs that allows members to tailor the distribution of profits and losses in a way that best suits their individual circumstances or the needs of the business. Typically, an LLC's profits are distributed according to the member's percentage interest in the business. However, if the members decide to establish a different structure, it is termed as a special allocation. Regardless of how the percentage is divided, members are obligated to pay taxes on their entire distributive share, even if the LLC did not distribute the money. This special allocation should be clearly outlined in the LLC's operating agreement to avoid any confusion or disputes among members. It's important to note that while special allocations offer flexibility, they must still meet certain requirements set forth by the IRS to ensure they are not being used to evade taxes.
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