Brighton, MA asked in Business Formation and Business Law for Georgia

Q: What's the order of the steps to revoke S-Corp election and change from partnership LLC to Single member LLC in Georgia?

I opened a LLC in Georgia in 2014 with 2 members in the Articles of organization, me and my spouse. I also elected for an S-Corp status (2553 & 8832) the same year. Now I want to revoke the S-Corp election AND also convert the multi member LLC to a single member LLC (my spouse will no longer be a member). I'm trying to understand the correct order of steps here and if I need to file an amended articles of organization with the GA SoS? This is what I was thinking:

1. Record complete transfer of shares from spouse to me

2. Revoke S-Corp as of 1/1/2023 (2553)

3. Elect change of status to Single member LLC (8832)

4. File amendment to articles of incorporation with GA SoS showing me as the only member

Is this correct?

1 Lawyer Answer
Glenn M. Lyon
Glenn M. Lyon
  • Atlanta, GA
  • Licensed in Georgia

A: No. There is no form to change to a single member LLC. You just transfer the membership interests to you from your spouse. And you do not need to record anything or file anything with the SOS unless you included ownership in the Articles of Organization.

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