By The Wyoming LLC Attorney Team
Dec 05, 2021Summary
An LLC is a tax-efficient entity where profits or losses flow through to members/owners, reported on their personal tax returns. Federal taxation varies for single-member and multi-member LLCs. Members may opt for corporate taxation if they want to retain profits in the company. Legitimate business expenses can be written off to reduce taxable income. State taxation generally mirrors federal taxation, but some states impose additional taxes like franchise fees.
A Limited Liability Company (LLC) is a pass-through entity and is taxed by the IRS like a sole proprietorship or partnership, meaning that the profit or loss of the LLC flows through to the members/owners of the LLC, where it must be reported on their individual personal tax returns. The LLC, itself, is not required to pay federal income. However, depending on the state, it may be required to pay certain state taxes.
The default federal tax status for an LLC is a sole proprietorship or partnership, depending on whether it is a single-member LLC or multi-member LLC.
A single-member LLC is taxed like a sole proprietorship by the IRS, which means that its profit or loss is reported on the single owner's personal tax return.
Multi-member LLCs are taxed by the IRS as partnerships. In this case, the income of the LLC will pass through to the members/owners of the LLC, who will report their respective shares of the LLC's profit or loss (referred to as their distributive share) on their personal tax returns.
Although a multi-member LLC doesn't have to pay income taxes, it must file an informational return (IRS Form 1065), much like a partnership. An LLC must also send each member a "Schedule K-1," which details that member's share of the LLC's profit or loss. The member must then report these details on IRS Form 1040 via Schedule E.
As a way to save money on taxes, the members of an LLC can elect to be taxed like a corporation if, for example, the LLC needs or wants to retain a considerable amount of its profits in the company on a regular basis.
The members of an LLC are not considered to be its employees. Instead, they are considered self-employed individuals, therefore, the LLC does not withhold their taxes. Consequently, each member of the LLC must estimate how much their tax burden will be for the year and submit payments to the IRS (and the necessary state taxing authority) quarterly from April.
Because the members of an LLC are considered self-employed and not employees, the LLC is also not required to withhold their Social Security and Medicare contributions, (collectively referred to as “self-employment” tax) from their paychecks. Rather, in most cases, the members must pay their own self-employment tax directly to the IRS.
Those members who are active in the management and operation of the LLC must pay employment tax on their share of the LLC's profit or loss. However, members who are not actively involved in the LLC are sometimes exempt from paying self-employment tax.
The rules regarding self-employment tax for the members of an LLC can be complicated. Consult with a qualified business tax professional for more precise details.
Self-employment tax is reported annually on Schedule SE along with the member's 1040 tax return. Typically, the members of an LLC pay twice the self-employment tax that ordinary employees pay. This is because the employer pays half of the required employment tax contributions for its ordinary employees.
Money spent by the LLC to generate revenue and increase profits is exempt from income and self-employment taxes. The IRS allows you to “write off” legitimate business expenses from your LLC's income, which you can use to greatly minimize the profits you need to report to the IRS. These items include, among other things:
The majority of states tax LLCs in the same manner as the IRS. In other words, the profit or loss of the LLC passes through to the members of the LLC, who report their share on their personal state income tax returns. The LLC, itself, pays no state income tax.
However, a few states, (such as California) also tax the LLC on the amount of income it earned. Furthermore, several states (Wyoming, California, Illinois, Pennsylvania, Massachusetts, Delaware, and New Hampshire) levy an annual "franchise tax", also called an "annual renewal fee" or an “annual registration fee", on all LLCs.
For more detailed information about how LLCs are taxed in Wyoming, consult with a qualified Wyoming business consultant or tax advisor who can let you know precisely what kind of taxes a Wyoming LLC will be subject to and can help you explore the various tax options for your Wyoming LLC.
If you're ready to form an LLC and need expert assistance, get in touch with us. Our knowledgeable paralegals are here to support you. Feel free to complete our contact form or give us a call at +1 (307) 683-0983 to connect with our team.
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