Single member LLC's are treated as a disregarded entity by the IRS, which means that the entity is not recognized separately from its owner. In this scenario, the businesses should be reflected on its owners federal tax return, under their TIN (taxpayer identification number). Assuming the owner is an individual, the activities of the company will generally be reflected on:
If the owner of a single-member LLC is an individual that operates a trade or business, net profit is reported on Schedule C. The profit is subject to self-employment in the same manner as a sole proprietorship.
If a corporation or partnership owns the single-member LLC, the LLC’s income should be reflected on the corporation or partnership’s federal income tax return.
For federal income tax purposes, a single-member LLC classified as a disregarded entity generally must use the owner’s Social Security Number (SSN) or EIN for all information returns and reporting related to income tax. For example, if a disregarded entity LLC owned by an individual is required to provide Form W-9, Request for Taxpayer Identification Number and Certification, the Form W-9 should provide the owner’s SSN or EIN, not the EIN of the LLC.
However, for employment tax and certain excise tax requirements, the EIN of the LLC must be used. Note: If a single-member LLC is not otherwise required to obtain an EIN but needs an EIN to open a bank account or to comply with state laws, the LLC can apply for and obtain an EIN. An LLC applies for an EIN by filing Form SS-4, Application for Employer Identification Number.
If a single-member LLC classified as a disregarded entity acquires an additional member, it becomes a partnership under default rules.
By default, an LLC with two or more members is treated as a partnership for federal income tax purposes. In this case, the LLC files Form 1065, U.S. Return of Partnership Income.
A member manager is any owner of an interest in the LLC who, alone or together with others, has the continuing authority to make management decisions necessary to conduct the business for which the LLC was formed. Only a member manager of an LLC can sign the partnership tax return. If there are no elected or designated member managers, each owner is treated as a member manager.
If the number of members in an LLC is reduced to only one member, the LLC becomes a disregarded entity under default rules.
LLCs are created and governed under each individual state’s laws, and each state will have its own set of default rules.
Some states have default rules that determine issues such as voting rights of the members or allocation of profits in the absence of an operating agreement. For example, an LLC member with 70% of the ownership interest may believe they could outvote the other members concerning LLC operations. Still, some state rules give owners an equal vote regardless of ownership interest by default. A similar situation can happen with regard to the allocation of profits. Even though it might not be required, a comprehensive LLC operating agreement should be drafted per state law to ensure the LLC complies with state rules.
