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But if we cannot file a consolidated return, each entity will have to file separately (on Form 1065), and the owners may not be able to take advantage of the loss due to lack of sufficient basis in that one entity.This would mean that the owners would have to pay a lot of taxes on the profits of the other initial LLC for year 2012.For example, were W9's filled out with S-Corp EIN as required?Was all monies run through S-Corp or were individuals the recipients?Any advice anyone can give on all this will be very much appreciated.Fraudulent backdating to provide a tax advantage is illegal.

For example, were W9's filled out with S-Corp EIN as required?' data-inline-edit-type='wysiwyg' data-inline-edit-url='/answers/605617' id='inline_edit_answer_605617_body' Fraudulent backdating to provide a tax advantage is illegal.However I don't think backdating to show proper intent and substance is necessarily wrong.The Articles of Organization do not identify the owners of a new LLC. Is there an issue relative to the IRS’s definition of “bankrupt” which might place the LLC with the big loss into that category, causing a tax to be triggered if the interest in that LLC is now transferred from the husband and wife to the S-corp?As I understand it, the initial split of the two original locations out from the original S-corp was a nontaxable transaction.