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Level 5
August 16, 2022
Question

CA 568 K-1, Disregarded Entity

  • August 16, 2022
  • 1 reply
  • 8 views

The California K-1 for an LLC filing a 568 seems to have the opposite information on the client name and disregarded entity lines from federal. I don't think this makes sense?

The federal K-1 shows the client name (which is a disregarded entity) in box F. Then on line H2, it shows the name of the person who's return it will be filed on. I1 is Disregarded Entity.

The California K-1 shows the name of the person who's return it will be filed on at the top of the K-1 (where the owner name goes), and the disregarded entity name (actual owner) in 11b, DE owner's name.

Is this right? Is seems backwards. The federal K-1 seems consistent with the terms used on the form, while the CA K-1 does not.

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1 reply

George4Tacks
Level 15
August 16, 2022

1065 k1 shows partnership name (the LLC or disregarded entity with an EIN) then it shows the real person with a SSN. NOTE: no where is the term LLC used on the 1065

568 k1 shows the real person with a SSN, then it shows the disregarded entity(not real person) with an EIN.. NOTE: this is not a 565, which does not use the term LLC. 

Yes, they be different, much like many things in California. 

Answers are easy. Questions are hard!
amecAuthor
Level 5
August 16, 2022

This is how it is supposed to be? I couldn't find anything in the instructions.

And it's not how the form reads.

11b DE owner's name - doesn't that indicate the real person, not the disregarded entity?

George4Tacks
Level 15
August 17, 2022

The whole idea of DE is to be able to wash my hands of ever having held that asset. I don't own squat in that asset. If something goes kaflooey  with the asset, then what other stuff I got, I don't lose. The LLC owns that liability asset, not me. I own the rights to that LLC and I can reap the benefits if it goes whoopee, but play hot potato if it goes phfffttt!

Sorry for the technical terms, but I think I got the concept right. 

Answers are easy. Questions are hard!