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Assume an LLC has 2 owners, each at 50%. The owners mutually agree that one will take 100% ownership to switch the LLC to a disregarded entity, and the other owner will be dropped off completely.

What is the filing process for doing this?

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3 Answers

First, this agreement (member withdrawal) needs to be in writing and in the form of a resolution. Both owners obviously must sign the resolution.

You can then file a Form 8832, which will allow you to pay the LLC's taxes (if any) on your Schedule C.

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It is a good idea to put information in your operating agreement regarding the removal of partners.

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Combining the other responses here, you should pass a resolution in writing signed by both members and integrate the details of this procedure as a standard part of your operating agreement for any future changes in ownership.

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