If you operate your business using a limited liability company (LLC), then you have more flexibility in choosing how the IRS taxes your business earnings. Your choice will directly influence the tax filing rules you are subject to. There is no set of tax rules that specifically apply to LLCs; the IRS allows the LLC to use partnership, corporate or sole proprietor tax rules.
Key Takeaways
• If you’re the single member of a limited liability company (LLC), you’ll typically file your business tax information on Schedule C and report the profit or loss from your business on Form 1040.
• If you elect to be taxed as a partnership, you’ll prepare annual partnership tax returns using IRS Form 1065, but all income, deductions and credits are passed-through to the owners and reported on their own tax returns.
• If you elect to be taxed as a corporation by filing IRS Form 8832, the default is to be treated as a C-Corporation. In this case, the business reports all income and deductions on Form 1120 each year and pays the corresponding income tax.
• You can choose to be treated as an S-Corporation for tax purposes. This passes-through the business' income to the owners on a Schedule K-1.
IRS default designations
The IRS mostly ignores LLCs for tax purposes and considers two or more people or businesses working together in a trade or business to be a partnership for tax purposes. However, if you are the sole owner of an LLC, then the IRS "disregards" your LLC and considers you a sole proprietor. LLCs can be formed under state law and then elect how to be treated for federal taxes.
If you prefer the tax filing rules of a corporation to partnership or sole proprietorship taxation, then you have the option to elect corporate tax treatment by filing IRS Form 8832. Once you make this election, you typically cannot change to another tax designation again for five years.
Partnership filing requirements
LLCs that are subject to the partnership tax rules don't actually pay tax on their business earnings, but instead are responsible for preparing annual partnership tax returns using IRS Form 1065. This tax return is mostly for informational purposes; all income, deductions and credits are passed-through to the owners and reported on their own tax returns.
The LLC reports each owner's share of these amounts on a Schedule K-1 at the end of the year. For example, if you and a friend create an LLC to run a business that taxed as a partnership, earns $100,000 and has $60,000 of deductible business expenses, then each of you will receive a Schedule K-1 with $20,000 of net income. Both of you must then report this on your personal income tax returns. Essentially, the business will increase your personal taxable income by $20,000 each.
TurboTax Tip: A member of an LLC can face double taxation when the LLC files a corporate tax return, pays tax on the income, and distributes its profits to its owners. The tax law considers these distributions to be dividend payments, which are taxable. So the corporation pays taxes on the money, and then the money is taxed again as dividend income on the owners' tax returns.
Corporate filing requirements
If the LLC elects to be tax as a corporation. The default is to be treated as a C-Corporation. In this case, the IRS will treat your business as a separate taxpayer in the same way you are a separate taxpayer from your friend. As a result, the business reports all income and deductions on Form 1120 each year and pays the corresponding income tax.
An entity classified as a corporation can elect to be treat as an S-Corporation for tax purposes. As with the partnership tax filing for LLCs above, making an election to be taxed as an S-Corp instead of as a C-Corp passes-through the business' income to the owners on a K-1. S-Corps use Form 1120S to file their taxes and no federal tax is paid at the corporate level.
Many LLCs choose to be taxed as one of the pass-through entities rather than as a C-Corps to avoid possible double taxation. The first level of tax occurs when the LLC files a corporate tax return and pays tax, and the second can happen if the corporation distributes its profits to its owners. The tax law considers these distributions to be dividend payments. Dividends are typically taxable to owners. But, the corporation does not get to take a tax deduction for the payment of the dividends. So the corporation pays taxes on the money and then the money is taxed again as dividend income on the owners' tax returns.
Single Member LLC filing requirements
Single member LLCs are typically treated the same as sole proprietorships. The IRS disregards the LLC entity as being separate and distinct from the owner. Essentially, this means that the LLC typically files the business tax information with your personal tax returns on Schedule C. The profit or loss from your businesses is included with the other income your report on Form 1040.
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FAQs
Even with no income, documenting your LLC's expenses is crucial. These can include startup costs, office supplies, or any business-related expenses incurred during the tax year. Properly reporting these expenses can lead to deductions, reducing your overall tax liability when you start generating income.
How do I maximize my LLC tax return? ›
Other ways to reduce LLC taxes include putting money away in a retirement account, deducting health insurance premiums and, if eligible, taking the QBI deduction for service-oriented businesses.
Does LLC have to file a tax return if there is no income? ›
All corporations are required to file a corporate tax return, even if they do not have any income. If an LLC has elected to be treated as a corporation for tax purposes, it must file a federal income tax return even if the LLC did not engage in any business during the year.
How hard are LLC taxes? ›
The IRS mostly ignores LLCs for tax purposes and considers two or more people or businesses working together in a trade or business to be a partnership for tax purposes. However, if you are the sole owner of an LLC, then the IRS "disregards" your LLC and considers you a sole proprietor.
What if my business has expenses but no income? ›
Even if your business has no income during the tax year, it may still benefit you to file a Schedule C if you have any expenses that qualify for deductions or credits. If you have no income or qualifying expenses for the entire tax year, there is no need to file a Schedule C for your inactive business.
What if LLC expenses are more than income? ›
If your expenses are more than your income, the difference is a net loss. You usually can deduct your loss from gross income on page 1 of Form 1040 or 1040-SR. But in some situations your loss is limited. See Publication 334, Tax Guide for Small Business (For Individuals Who Use Schedule C), for more information.
What are tax write-offs for LLC? ›
Some allowable tax deductions for LLCs include self-employment taxes, legal fees, home offices, and other common and necessary business expenses. Some write-off amounts, like vehicles and home expenses, will depend on whether your expenses are exclusive to business or a mix of personal and business use.
Can you write off car payments for LLC? ›
Yes, you can write off the interest on a car loan if it's used for business purposes. You'll need to use the actual expense method to deduct this expense and you can only write off the business use portion of the interest. Also, keep in mind that your principal payments aren't deductible.
What happens if my LLC does not make money? ›
Therefore, your limited liability company should still file tax returns even if you didn't make any money. A good rule of thumb is always to file taxes whenever you're confused. If you had no obligation to file, there's nothing to lose.
Do you file LLC and personal taxes together? ›
You pay income tax on your net LLC income with your personal tax return (The California LLC tax rate ranges from 1% to 13.3%).
If you open a company in the US, you'll have to pay business taxes. Getting a refund is possible if your business loses money. However, if your business has what is classified as an extraordinary loss, you could even get a refund for all or part of your tax liabilities from the previous year.
What is the best tax structure for LLC? ›
If the LLC has just one member, that owner can choose to be taxed as either a disregarded entity ( and pay business tax on their individual return) or an S Corporation to avoid double taxation. If it has multiple members, it can choose either partnership or S corporation taxation.
What are the tax disadvantages of an LLC? ›
A major disadvantage of an LLC is that owners may pay more taxes. When setting up as a pass-through to owners, they are subject to self-employment tax. Self-employment tax ends up higher compared to being taxed as an employee.
What percentage tax does a LLC pay the IRS? ›
Any LLC can choose to be treated like a corporation for tax purposes by filing IRS Form 8832, Entity Classification Election, and checking the corporate tax treatment box on the form. All regular "C" corporations are currently taxed at a flat 21% rate on all their profits.
Can you write-off expenses as an LLC? ›
Some allowable tax deductions for LLCs include self-employment taxes, legal fees, home offices, and other common and necessary business expenses. Some write-off amounts, like vehicles and home expenses, will depend on whether your expenses are exclusive to business or a mix of personal and business use.
Can I claim expenses if I have no income? ›
If you were actively engaged in your trade or business but didn't receive income, then you should file and claim your expenses. Ex: You're paid upon completion of your work. You should still file, even if you haven't received income yet.
What if I don't make money with my LLC? ›
Simply put, yes, you can have an LLC with no income, but that still has expenses. An LLC with no income but deductible expenses can offset future income through a net operating loss deduction. However, the IRS will still regard this as business activity, so it must be reported yearly.
Can I pay myself and count it as an expense with an LLC? ›
One advantage of paying yourself a salary as a member is that wages are considered operating expenses for the LLC, enabling members to deduct them from the LLC's profits for tax purposes. The IRS only allows reasonable wages as a deduction for corporate tax.
