Hỏi For IRS purposes, how do I classify a domestic limited liability company (LLC)? Is it a sole proprietorship (disregarded entity), partnership, or a corporation? Đáp A domestic LLC is an entity: Formed under state law by filing articles of organization as an LLC. Where none of the members of an LLC are personally liable for its debts. For federal income tax purposes, an LLC may be classified and taxed as a sole proprietorship (single member), partnership (multi-member), or a corporation (single or multi-member). Generally, if a domestic LLC has: Only one owner, the IRS will by default treat it as if it were a sole proprietorship (disregarded entity) unless the owner makes an election to have it treated as a corporation or an S corporation. Two or more owners, the IRS will by default treat it as a partnership unless the entity makes an election to have it treated as a corporation. Special rules exist for an LLC wholly owned by a married couple in a community property state, under which the LLC may be treated as a sole proprietorship (disregarded entity) notwithstanding that it has two owners. An LLC may elect to be classified as an association taxable as a corporation or an S corporation (assuming the LLC otherwise satisfies the S corporation requirements). Use Form 8832, Entity Classification Election to make an election to be an association taxable as a corporation. Use Form 2553, Election by Small Business Corporation to make an election to be an S corporation. If a taxpayer doesn't file Form 2553, the default classification will apply. Under Treas. Regs. Section 301.7701-3(c)(1)(v)(C), an eligible entity that timely files Form 2553 to elect to be an S corporation is deemed to have made an election to be classified as an association taxable as a corporation (assuming the entity satisfies the S corporation requirements). Different classification rules may apply in certain situations for certain types of businesses, including banks, insurance companies, and nonprofit organizations that are also organized as an LLC. Note: If an LLC that is otherwise disregarded has employees, the law treats it as an entity separate from its owner for reporting and payment of employment taxes. Thêm thông tin Publication 541, Partnerships Publication 542, Corporations Tax Topic 103 - Tax Help for Small Businesses and the Self-Employed Publication 3402 Taxation of Limited Liability Companies Publication 334, Tax Guide for Small Business Mục Small business, self-employed, other business Phụ Mục Entities