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How is a LLC taxed in the IRS?

By Alexander Torres

It is taxed by something called an LLC tax election. Most business entities such as corporations and partnerships have their own tax structures under the tax code. However, an LLC does not have its own tax structure under the IRS code.

Do you have to file IRS Form 2553 for LLC?

An LLC doesn’t need to keep its default tax classification with the IRS. If an LLC would like to be taxed as an S-Corporation, it must file Form 2553. The biggest advantage of a single-member LLC taxed as an S-Corp is how the owner will pay self-employment taxes (social security and medicare taxes).

Can a LLC be taxed as a C Corp?

An LLC doesn’t have to keep its default tax classification with the IRS. If an LLC would like to be taxed as a C-Corporation, it must file Form 8832. (related article: LLC taxed as a C-Corp) Note: LLCs taxed as C-Corps are not that common and usually only apply to a small range of business owners.

How is a husband and wife LLC taxed?

As a Qualified Joint Venture, the Husband and Wife LLC will be taxed by the IRS as a “single unit”. The spouses only need to file one return, which translates to increased tax savings, reduced accounting fees, record-keeping and other paperwork.

How to elect s status by an LLC?

However, the owners want X to be classified as an S corporation. The S election is made by filing Form 2553 rather than Form 8832. By properly filing a valid Form 2553, the entity elects S status and is deemed to have elected to be classified as an association taxable as a corporation.

How is income reported on a single member LLC?

For the single member LLC, it reports income and expenses on the Schedule-C of the IRS Form 1040 tax return. This results in all profits being automatically self-employment income. All the profits are treated as “earned income” subject to self-employment taxes. This tax can be burdensome and result in a higher effective tax rate.

How does a multi member LLC get taxed?

Instead a multi-member LLC only files an informational partnership tax return referred to as an IRS Form 1065. Then its members receive a K-1 for their share of the profits or loses. By agreement, this amount can be distributed disproportionate to ownership percentage.