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Where can i do my state taxes for free Publication 3402 - Main Content Table of Contents What is a Limited Liability Company? Classification of an LLC LLCs Classified as Partnerships LLCs Classified as Disregarded Entities LLCs Classified as Corporations Subsequent Elections How To Get More InformationInternal Revenue Service Small Business Administration Other Federal Agencies What is a Limited Liability Company? For purposes of this publication, a limited liability company (LLC) is a business entity organized in the United States under state law. Where can i do my state taxes for free Unlike a partnership, all of the members of an LLC have limited personal liability for its debts. Where can i do my state taxes for free An LLC may be classified for federal income tax purposes as a partnership, corporation, or an entity disregarded as separate from its owner by applying the rules in Regulations section 301. Where can i do my state taxes for free 7701-3. Where can i do my state taxes for free The information in this publication applies to LLCs in general, and different rules may apply to special situations, including banks, insurance companies, or nonprofit organizations that are LLCs or that own LLCs. Where can i do my state taxes for free Check your state's requirements and the federal tax regulations for further information. Where can i do my state taxes for free Classification of an LLC Default classification rules. Where can i do my state taxes for free   An LLC with at least two members is classified as a partnership for federal income tax purposes. Where can i do my state taxes for free An LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate entity for purposes of employment tax and certain excise taxes). Where can i do my state taxes for free Also, an LLC's federal tax classification can subsequently change under certain default rules discussed later. Where can i do my state taxes for free Elected classification. Where can i do my state taxes for free   If an LLC does not choose to be classified under the above default classifications, it can elect to be classified as an association taxable as a corporation or as an S corporation. Where can i do my state taxes for free After an LLC has determined its federal tax classification, it can later elect to change that classification. Where can i do my state taxes for free For details, see Subsequent Elections, later. Where can i do my state taxes for free LLCs Classified as Partnerships If an LLC has at least two members and is classified as a partnership, it generally must file Form 1065, U. Where can i do my state taxes for free S. Where can i do my state taxes for free Return of Partnership Income. Where can i do my state taxes for free Generally, an LLC classified as a partnership is subject to the same filing and reporting requirements as partnerships. Where can i do my state taxes for free For certain purposes, members of an LLC are treated as limited partners in a limited partnership. Where can i do my state taxes for free For example, LLC members are treated as limited partners for purposes of material participation under the passive activity limitation rules (see Temporary Regulation section 1. Where can i do my state taxes for free 469-5T(e)). Where can i do my state taxes for free See the Instructions for Form 1065 for reporting rules that apply specifically to LLCs. Where can i do my state taxes for free Member manager. Where can i do my state taxes for free   Only a member manager of an LLC can sign the partnership tax return. Where can i do my state taxes for free And only a member manager can represent the LLC as the tax matters partner under the consolidated audit proceedings in sections 6221 through 6234. Where can i do my state taxes for free A member manager is any owner of an interest in the LLC who, alone or together with others, has the continuing authority to make the management decisions necessary to conduct the business for which the LLC was formed. Where can i do my state taxes for free If there are no elected or designated member managers, each owner is treated as a member manager. Where can i do my state taxes for free Change in default classification. Where can i do my state taxes for free   If the number of members in an LLC classified as a partnership is reduced to only one member, it becomes an entity disregarded as separate from its owner under Regulations section 301. Where can i do my state taxes for free 7701-3(f)(2). Where can i do my state taxes for free However, if the LLC has made an election to be classified as a corporation (discussed later) and that elective classification is in effect at the time of the change in membership, the default classification as a disregarded entity will not apply. Where can i do my state taxes for free   Other tax consequences of a change in membership, such as recognition of gain or loss, are determined by the transactions through which an interest in the LLC is acquired or disposed of. Where can i do my state taxes for free If a partnership that becomes a disregarded entity as a result of a decrease in the number of members makes an election to be classified as a corporation, the applicable deemed transactions discussed under Subsequent Elections, later, apply. Where can i do my state taxes for free Example 1. Where can i do my state taxes for free Ethel and Francis are members of an LLC classified as a partnership for federal tax purposes. Where can i do my state taxes for free Each holds an equal membership interest. Where can i do my state taxes for free The LLC does not hold any unrealized receivables or substantially appreciated inventory. Where can i do my state taxes for free Ethel sells her entire interest in the LLC to Francis for $10,000. Where can i do my state taxes for free After the sale, the business is continued by the LLC, which is owned solely by Francis. Where can i do my state taxes for free No entity classification election is made after the sale to treat the LLC as a corporation for federal tax purposes. Where can i do my state taxes for free The partnership terminates when Francis buys Ethel's entire interest. Where can i do my state taxes for free Ethel must treat the transaction as the sale of a partnership interest and must report gain or loss, if any, resulting from the sale of her partnership interest. Where can i do my state taxes for free For purposes of determining the tax treatment of Francis, the partnership is deemed to make a liquidating distribution of all of its assets to Ethel and Francis, and after this distribution, Francis is treated as acquiring the assets deemed to have been distributed to Ethel in liquidation of Ethel's partnership interest. Where can i do my state taxes for free Francis's basis in the assets attributable to Ethel's one-half interest in the partnership is $10,000, the purchase price for Ethel's partnership interest. Where can i do my state taxes for free Upon the termination of the partnership, Francis is considered to receive a distribution of those assets attributable to Francis's former interest in the partnership. Where can i do my state taxes for free Francis must recognize gain or loss, if any, on the deemed distribution of the assets to the extent required by Internal Revenue Code section 731(a). Where can i do my state taxes for free See Partnership Distributions in Publication 541. Where can i do my state taxes for free Example 2. Where can i do my state taxes for free George and Henrietta are members of an LLC classified as a partnership for federal tax purposes. Where can i do my state taxes for free Each holds an equal membership interest. Where can i do my state taxes for free The LLC does not hold any unrealized receivables or substantially appreciated inventory. Where can i do my state taxes for free George and Henrietta each sell their entire interests in the LLC to Ian, an unrelated person, in exchange for $10,000. Where can i do my state taxes for free After the sale, the business is continued by the LLC, which is owned solely by Ian. Where can i do my state taxes for free No entity classification election is made after the sale to treat the LLC as a corporation for federal tax purposes. Where can i do my state taxes for free The partnership terminates when Ian purchases the entire interests of George and Henrietta in the LLC. Where can i do my state taxes for free George and Henrietta must report gain or loss, if any, resulting from the sale of their partnership interests. Where can i do my state taxes for free For purposes of classifying the acquisition by Ian, the partnership is deemed to make a liquidating distribution of its assets to George and Henrietta. Where can i do my state taxes for free Immediately following this distribution, Ian is deemed to acquire, by purchase, all of the former partnership's assets. Where can i do my state taxes for free   For more details on the preceding two examples, see Revenue Ruling 99-6, 1999-6 I. Where can i do my state taxes for free R. Where can i do my state taxes for free B. Where can i do my state taxes for free 6. Where can i do my state taxes for free You can find Revenue Ruling 99-6 at www. Where can i do my state taxes for free irs. Where can i do my state taxes for free gov/pub/irs-irbs/irb99-06. Where can i do my state taxes for free pdf. Where can i do my state taxes for free LLCs Classified as Disregarded Entities If an LLC has only one member and is classified as an entity disregarded as separate from its owner, its income, deductions, gains, losses, and credits are reported on the owner's income tax return. Where can i do my state taxes for free For example, if the owner of the LLC is an individual, the LLC's income and expenses would be reported on the following schedules filed with the owner's Form 1040: Schedule C, Profit or Loss from Business (Sole Proprietorship); Schedule C-EZ, Net Profit From Business (Sole Proprietorship); Schedule E, Supplemental Income and Loss; or Schedule F, Profit or Loss From Farming. Where can i do my state taxes for free Employment tax and certain excise taxes. Where can i do my state taxes for free   A single-member LLC that is classified as a disregarded entity for income tax purposes is treated as a separate entity for purposes of employment tax and certain excise taxes. Where can i do my state taxes for free For wages paid after January 1, 2009, the single-member LLC is required to use its name and employer identification number (EIN) for reporting and payment of employment taxes. Where can i do my state taxes for free A single-member LLC is also required to use its name and EIN to register for excise tax activities on Form 637; pay and report excise taxes reported on Forms 720, 730, 2290, and 11-C; and claim any refunds, credits, and payments on Form 8849. Where can i do my state taxes for free See the employment and excise tax returns for more information. Where can i do my state taxes for free Self-employment tax rule for disregarded entity LLCs. Where can i do my state taxes for free   An individual owner of a single-member LLC classified as a disregarded entity is not an employee of the LLC. Where can i do my state taxes for free Instead, the owner is subject to tax on the net earnings from self-employment of the LLC which is treated in the same manner as a sole-proprietorship. Where can i do my state taxes for free Example 3. Where can i do my state taxes for free LLC is a disregarded entity owned by Irene. Where can i do my state taxes for free LLC has three employees (Kent, Patricia, and Tex) and pays wages. Where can i do my state taxes for free LLC is treated as an entity separate from its owner for purposes of employment taxes. Where can i do my state taxes for free For the wages paid to Kent, Patricia, and Tex, LLC is liable for income tax withholding, Federal Insurance Contributions Act (FICA) taxes, and Federal Unemployment Tax Act (FUTA) taxes. Where can i do my state taxes for free In addition, LLC must file under its name and EIN the applicable employment tax returns; make timely employment tax deposits; and file with the Social Security Administration and furnish to LLC's employees (Kent, Patricia, and Tex) Forms W-2, Wage and Tax Statement. Where can i do my state taxes for free Irene is self-employed for purposes of the self-employment tax. Where can i do my state taxes for free Thus, Irene is subject to self-employment tax on her net earnings from self-employment with respect to LLC's activities. Where can i do my state taxes for free Irene is not an employee of LLC for purposes of employment taxes. Where can i do my state taxes for free Because LLC is treated as a sole proprietorship of Irene for income tax purposes, Irene must report the income and expenses from LLC on her Schedule C. Where can i do my state taxes for free Irene will figure the tax due on her net earnings from self-employment on Schedule SE. Where can i do my state taxes for free Irene can also deduct one-half of her self-employment tax on line 27 of her Form 1040. Where can i do my state taxes for free Taxpayer identification number. Where can i do my state taxes for free   For all income tax purposes, a single-member LLC classified as a disregarded entity must use the owner's social security number (SSN) or EIN. Where can i do my state taxes for free This includes all information returns and reporting related to income tax. Where can i do my state taxes for free For example, if a disregarded entity LLC that is owned by an individual is required to provide a Form W-9, Request for Taxpayer Identification Number and Certification, the LLC must provide the owner's SSN or EIN, not the LLC's EIN. Where can i do my state taxes for free   However, most new single-member LLCs classified as a disregarded entity will need to obtain an EIN for the LLC. Where can i do my state taxes for free An LLC will need an EIN if it has any employees or if it will be required to file any of the excise tax forms listed above (see Employment tax and certain excise taxes earlier). Where can i do my state taxes for free See Form SS-4, Application for Employer Identification Number, for information on applying for an EIN. Where can i do my state taxes for free Change in default classification. Where can i do my state taxes for free   If a single-member LLC classified as a disregarded entity for income tax purposes acquires an additional member, it becomes a partnership under Regulations section 301. Where can i do my state taxes for free 7701-3(f)(2). Where can i do my state taxes for free However, if the LLC has made an election to be classified as a corporation (discussed later) and that elective classification is in effect at the time of the change in membership, the default classification as a partnership will not apply. Where can i do my state taxes for free   Other tax consequences of a change in membership, such as recognition of gain or loss, are determined by the transactions through which an interest in the LLC is acquired or disposed of. Where can i do my state taxes for free If a disregarded entity that becomes a partnership as a result of an increase in the number of members makes an election to be classified as a corporation, the applicable deemed transactions discussed in Subsequent Elections, later, apply. Where can i do my state taxes for free Example 4. Where can i do my state taxes for free Bart, who is not related to Alain, buys 50% of Alain's interest in an LLC that is a disregarded entity for $5,000. Where can i do my state taxes for free Alain does not contribute any portion of the $5,000 to the LLC. Where can i do my state taxes for free Alain and Bart continue to operate the business of the LLC as co-owners of the LLC. Where can i do my state taxes for free The LLC is converted to a partnership when the new member, Bart, buys an interest in the disregarded entity from the owner, Alain. Where can i do my state taxes for free Bart's buying a 50% interest in Alain's ownership interest in the LLC is treated as Bart's buying a 50% interest in each of the LLC's assets, which are treated as owned directly by Alain for federal income tax purposes. Where can i do my state taxes for free Immediately thereafter, Alain and Bart are treated as contributing their respective interests in those assets to a partnership in exchange for ownership interests in the partnership. Where can i do my state taxes for free Alain recognizes gain or loss from the deemed sale to Bart of the 50% interest in the assets. Where can i do my state taxes for free Neither Alain nor Bart recognizes any gain or loss as a result of the deemed contribution of the assets to the partnership. Where can i do my state taxes for free Example 5. Where can i do my state taxes for free Charles, who is not related to Danielle, contributes $10,000 to an LLC owned by Danielle for a 50% ownership interest in the LLC. Where can i do my state taxes for free The LLC uses all of the contributed cash in its business. Where can i do my state taxes for free Charles and Danielle continue to operate the business of the LLC as co-owners of the LLC. Where can i do my state taxes for free The LLC is converted from a disregarded entity to a partnership when Charles contributes cash to the LLC. Where can i do my state taxes for free Charles's contribution is treated as a contribution to a partnership in exchange for an ownership interest in the partnership. Where can i do my state taxes for free Danielle is treated as contributing all of the assets of the LLC to the partnership in exchange for a partnership interest. Where can i do my state taxes for free Neither Charles nor Danielle recognizes gain or loss as a result of the conversion of the disregarded entity to a partnership. Where can i do my state taxes for free   For more details on the preceding two examples, see Revenue Ruling 99-5, 1999-6 I. Where can i do my state taxes for free R. Where can i do my state taxes for free B. Where can i do my state taxes for free 8. Where can i do my state taxes for free You can find Revenue Ruling 99-5 at www. Where can i do my state taxes for free irs. Where can i do my state taxes for free gov/pub/irs-irbs/irb99-06. Where can i do my state taxes for free pdf. Where can i do my state taxes for free LLCs Classified as Corporations An LLC with either a single member or more than one member can elect to be classified as a corporation rather than be classified as a partnership or disregarded entity under the default rules discussed earlier. Where can i do my state taxes for free File Form 8832, Entity Classification Election, to elect classification as a C corporation. Where can i do my state taxes for free File Form 2553, Election by a Small Business Corporation, to elect classification as an S corporation. Where can i do my state taxes for free LLCs electing classification as an S corporation are not required to file Form 8832 to elect classification as a corporation before filing Form 2553. Where can i do my state taxes for free By filing Form 2553, an LLC is deemed to have elected classification as a corporation in addition to the S corporation classification. Where can i do my state taxes for free If the LLC elects to be classified as a corporation by filing Form 8832, a copy of the LLC's Form 8832 must be attached to the federal income tax return of each direct and indirect owner of the LLC for the tax year of the owner that includes the date on which the election took effect. Where can i do my state taxes for free Example 6. Where can i do my state taxes for free Classification as a corporation without an S election. Where can i do my state taxes for free Wanda and Sylvester are members of an LLC. Where can i do my state taxes for free They agree that the LLC should be classified as a corporation but do not want to elect to have the LLC be treated as an S corporation. Where can i do my state taxes for free The LLC must file Form 8832. Where can i do my state taxes for free Example 7. Where can i do my state taxes for free Classification as a corporation with an S election. Where can i do my state taxes for free Evelyn and Carol are members of an LLC. Where can i do my state taxes for free They agree that the LLC should be classified as an S corporation. Where can i do my state taxes for free The LLC must file Form 2553 instead of Form 8832. Where can i do my state taxes for free If the LLC is classified as a corporation, it must file a corporation income tax return. Where can i do my state taxes for free If it is a C corporation, it is taxed on its taxable income and distributions to the members are includible in the members' gross income to the extent of the corporation's earnings and profits (double taxation). Where can i do my state taxes for free If it is an S corporation, the corporation is generally not subject to any income tax and the income, deductions, gains, losses, and credits of the corporation “pass through” to the members. Where can i do my state taxes for free Corporations generally file either: Form 1120, U. Where can i do my state taxes for free S. Where can i do my state taxes for free Corporation Income Tax Return; or Form 1120S, U. Where can i do my state taxes for free S. Where can i do my state taxes for free Income Tax Return for an S Corporation. Where can i do my state taxes for free For more information on the income taxation of corporations and their shareholders, see Publication 542, Corporations. Where can i do my state taxes for free For more information on the income taxation of S corporations and their shareholders, see the Instructions for Form 1120S, U. Where can i do my state taxes for free S. Where can i do my state taxes for free Income Tax Return for an S Corporation. Where can i do my state taxes for free Subsequent Elections An LLC can elect to change its classification. Where can i do my state taxes for free Generally, once an LLC has elected to change its classification, it cannot elect again to change it classification during the 60 months after the effective date of the election. Where can i do my state taxes for free An election by a newly formed LLC that is effective on the date of formation is not considered a change for purposes of this limitation. Where can i do my state taxes for free For more information and exceptions, see Regulations section 301. Where can i do my state taxes for free 7701-3(c) and the Form 8832 instructions. Where can i do my state taxes for free An election to change classification can have significant tax consequences based on the following transactions that are deemed to occur as a result of the election. Where can i do my state taxes for free Partnership to corporation. Where can i do my state taxes for free   An election to change classification from a partnership to a corporation will be treated as if the partnership contributed all of its assets and liabilities to the corporation in exchange for stock and the partnership then immediately liquidated by distributing the stock to its partners. Where can i do my state taxes for free   For more information, see Partnership Distributions in Publication 541 and Property Exchanged for Stock in Publication 542. Where can i do my state taxes for free Corporation to partnership. Where can i do my state taxes for free   An election to change classification from a corporation to a partnership will be treated as if the corporation distributed all of its assets and liabilities to its shareholders in liquidation and the shareholders then immediately contributed all of the distributed assets and liabilities to a new partnership. Where can i do my state taxes for free   For more information, see Contribution of Property in Publication 541 and Distributions to Shareholders in Publication 542. Where can i do my state taxes for free Corporation to disregarded entity. Where can i do my state taxes for free   An election to change classification from a corporation to a disregarded entity will be treated as if the corporation distributed all of its assets and liabilities to its single owner in liquidation. Where can i do my state taxes for free   For more information, see Distributions to Shareholders in Publication 542. Where can i do my state taxes for free Disregarded entity to corporation. Where can i do my state taxes for free   An election to change classification from a disregarded entity to a corporation will be treated as if the owner of the disregarded entity contributed all of the assets and liabilities to the corporation in exchange for stock. Where can i do my state taxes for free   For more information, see Property Exchanged for Stock in Publication 542. Where can i do my state taxes for free How To Get More Information This section describes the help the IRS and other federal agencies offer to taxpayers who operate their own businesses. Where can i do my state taxes for free Internal Revenue Service You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. Where can i do my state taxes for free By selecting the method that is best for you, you will have quick and easy access to tax help. Where can i do my state taxes for free Contacting your Taxpayer Advocate. Where can i do my state taxes for free   The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should. Where can i do my state taxes for free   You can contact the TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 to see if you are eligible for assistance. 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Where can i do my state taxes for free The clinics also provide tax education and outreach for taxpayers with limited English proficiency or who speak English as a second language. Where can i do my state taxes for free Publication 4134, Low Income Taxpayer Clinic List, provides information on clinics in your area. Where can i do my state taxes for free It is available at www. Where can i do my state taxes for free irs. Where can i do my state taxes for free gov or at your local IRS office. Where can i do my state taxes for free Small business workshops. Where can i do my state taxes for free   Small business workshops are designed to help the small business owner understand and fulfill their federal tax responsibilities. Where can i do my state taxes for free Workshops are sponsored and presented by IRS partners who are federal tax specialists. 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Where can i do my state taxes for free gov/businesses/small and click on “Subscribe to e-News. Where can i do my state taxes for free ” Free tax services. Where can i do my state taxes for free   To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. Where can i do my state taxes for free It contains a list of free tax publications and describes other free tax information services, including tax education and assistance programs and a list of TeleTax topics. Where can i do my state taxes for free   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with disabilities. Where can i do my state taxes for free Internet. Where can i do my state taxes for free You can access the IRS website at www. Where can i do my state taxes for free irs. Where can i do my state taxes for free gov 24 hours a day, 7 days a week, to: E-file your return. 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