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What forms do I need to fill out as a first-year LLC owner? It's a partnership LLC.A Limited Liability Company (LLC) is business structure that provides the limited liability protection features of a corporation and the tax efficiencies and operational flexibility of a partnership.Unlike shareholders in a corporation, LLCs are not taxed as a separate business entity. Instead, all profits and losses are "passed through" the business to each member of the LLC. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would.The owners of an LLC have no personal liability for the obligations of the LLC. An LLC is the entity of choice for a businesses seeking to flow through losses to its investors because an LLC offers complete liability protection to all its members. The basic requirement for forming an Limited Liability Company are:Search your business name - before you form an LLC, you should check that your proposed business name is not too similar to another LLC registered with your state's Secretary of StateFile Articles of Organization - the first formal paper you will need file with your state's Secretary of State to form an LLC. This is a necessary document for setting up an LLC in many states. Create an Operating Agreement - an agreement among LLC members governing the LLC's business, and member's financial and managerial rights and duties. Think of this as a contract that governs the rules for the people who own the LLC. Get an Employer Identification Number (EIN) - a number assigned by the IRS and used to identify taxpayers that are required to file various business tax returns. You can easily file for an EIN online if you have a social security number. If you do not have a social security number or if you live outsides of United States, ask a business lawyer to help you get one.File Statement of Information - includes fairly basic information about the LLC that you need to file with your state’s Secretary of State every 2 years. Think of it as a company census you must complete every 2 years.Search and Apply for Business Licenses and Permits - once your business is registered, you should look and apply for necessary licenses and permits you will need from the county and city where you will do business. Every business has their own business licenses and permits so either do a Google search of your business along with the words "permits and licenses" or talk to a business lawyer to guide you with this.If you have any other questions, talk to a business lawyer who will clarify and help you with all 6 above steps or answer any other question you may have about starting your business.I am answering from the perspective of a business lawyer who represents businesspersons and entrepreneurs with their new and existing businesses. Feel free to contact me firstname.lastname@example.org if you need to form your LLC.In my course, How To Incorporate Your Business on Your Own: Quick & Easy, you will learn how to form your own Limited Liability Company (LLC) or Corporation without a lawyer, choose a business name, file a fictitious business name, file Articles of Organization or Articles of Incorporation, create Operating Agreement or Bylaws, apply for an EIN, file Statement of Information, and how to get business licenses and permits.
I need to pay an $800 annual LLC tax for my LLC that formed a month ago, so I am looking to apply for an extension. It's a solely owned LLC, so I need to fill out a Form 7004. How do I fill this form out?ExpressExtension is an IRS-authorized e-file provider for all types of business entities, including C-Corps (Form 1120), S-Corps (Form 1120S), Multi-Member LLC, Partnerships (Form 1065). Trusts, and Estates.File Tax Extension Form 7004 InstructionsStep 1- Begin by creating your free account with ExpressExtensionStep 2- Enter the basic business details including: Business name, EIN, Address, and Primary Contact.Step 3- Select the business entity type and choose the form you would like to file an extension for.Step 4- Select the tax year and select the option if your organization is a Holding CompanyStep 5- Enter and make a payment on the total estimated tax owed to the IRSStep 6- Carefully review your form for errorsStep 7- Pay and transmit your form to the IRSClick here to e-file before the deadline
When dissolving an LLC do you need to fill out IRS Form 966?The answer will be yes or no depending on how your entity is recognized for tax purposes. An LLC is not a recognized entity by the IRS. By default, a single-member LLC is organized for tax purposes as a sole proprietorship and a partnership for tax purposes if there is more than one member. However, you can make an election to be taxed as a C Corporation (i.e., an LLC for legal purposes that is taxed as a C Corporation for tax purposes).You must complete and file form 966 to dissolve your LLC if you have elected to be a C Corporation or a Cooperative (Coop) for tax purposes. S Corporations and tax-exempt non-profits are exempt from filing this form (see here).If you are organized for tax purposes as an S Corporation you would file your taxes via form 1120S for the last time and check the box indicating that your return is a “Final Return.” Same is true for a Partnership, but with form 1065.On a state and local level, best practice is to check with your state and local agencies for requirements.For digestible information and tools for understanding how the tax landscape affects your business, visit Financial Telepathy
What tax form do I need to fill out to convert from single member LLC to multi-member LLC?When you add a member to your previously single member LLC (which you can do structurally by amending your operating agreement and filing an amended report, if required, with your secretary of state), you cease to be a 'disregarded entity' under the applicable Treasury Regulations.Going forward, you will either be a (a) partnership, by default, and will have to file a partnership income tax return on Form 1065, or (b) a corporation, if you so elect, and will have to file a Form 1120 if you are a C corporation or Form 1120S if you elect to be taxed as an S corporation.There can be other tax issues as well, and these need to be addressed with a business CPA.
Do I need to fill out Form W-9 (US non-resident alien with an LLC in the US)?A single-member LLC is by default a disregarded entity. Assuming you have not made a “check-the-box” election to have it treated as a corporation, this means for tax purposes, you are a sole proprietor.As a non-resident alien, you would not complete form W-9. You would likely provide form W-8ECI; possibly W-8BEN.
How do I correctly fill out a W9 tax form as a single member LLC?If your SMLLC is a sole proprietorship/disregarded entity, then you put your name in the name box and not the name of the LLC. You check the box for individual/sole proprietor not LLC.If the SMLLC is an S or C corp then check the box for LLC and write in the appropriate classification. In that case you would put the name of the LLC in the name box.
How do I fill up EIN form as a non us citizen for single member LLC? That is confusing to me?I have helped dozens of international (non-U.S.) citizens obtain EINs for their entities and have blogged extensively about my experiences.It is understandable that you are confused. Although the instructions for Form SS-4 are relatively complete, some requirements may not be readily understood by non-Americans. Even more important, the IRS has certain policies, practices and expectations concerning foreigners that they don’t even publicize!I can’t take the time to tell you what to put in each of the dozens of lines on the Form. Instead, you should read Foreign Company Alert: Obtaining an EIN may be your Biggest Challenge in the U.S. It is long and detailed and reflects much of what I have learned about the process.I wish you the best!
As one of the cofounders of a multi-member LLC taxed as a partnership, how do I pay myself for work I am doing as a contractor for the company? What forms do I need to fill out?First, the LLC operates as tax partnership (“TP”) as the default tax status if no election has been made as noted in Treasury Regulation Section 301.7701-3(b)(i). For legal purposes, we have a LLC. For tax purposes we have a tax partnership. Since we are discussing a tax issue here, we will discuss the issue from the perspective of a TP.A partner cannot under any circumstances be an employee of the TP as Revenue Ruling 69-184 dictated such. And, the 2016 preamble to Temporary Treasury Regulation Section 301.7701-2T notes the Treasury still supports this revenue ruling.Though a partner can engage in a transaction with the TP in a non partner capacity (Section 707a(a)).A partner receiving a 707(a) payment from the partnership receives the payment as any stranger receives a payment from the TP for services rendered. This partner gets treated for this transaction as if he/she were not a member of the TP (Treasury Regulation Section 1.707-1(a).As an example, a partner owns and operates a law firm specializing in contract law. The TP requires advice on terms and creation for new contracts the TP uses in its business with clients. This partner provides a bid for this unique job and the TP accepts it. Here, the partner bills the TP as it would any other client, and the partner reports the income from the TP client job as he/she would for any other client. The TP records the job as an expense and pays the partner as it would any other vendor. Here, I am assuming the law contract job represents an expense versus a capital item. Of course, the partner may have a law corporation though the same principle applies.Further, a TP can make fixed payments to a partner for services or capital — called guaranteed payments as noted in subsection (c).A 707(c) guaranteed payment shows up in the membership agreement drawn up by the business attorney. This payment provides a service partner with a guaranteed payment regardless of the TP’s income for the year as noted in Treasury Regulation Section 1.707-1(c).As an example, the TP operates an exclusive restaurant. Several partners contribute capital for the venture. The TP’s key service partner is the chef for the restaurant. And, the whole restaurant concept centers on this chef’s experience and creativity. The TP’s operating agreement provides the chef receives a certain % profit interest but as a minimum receives yearly a fixed $X guaranteed payment regardless of TP’s income level. In the first year of operations the TP has low profits as expected. The chef receives the guaranteed $X payment as provided in the membership agreement.The TP allocates the guaranteed payment to the capital interest partners on their TP k-1s as business expense. And, the TP includes the full $X guaranteed payment as income on the chef’s K-1. Here, the membership agreement demonstrates the chef only shares in profits not losses. So, the TP only allocates the guaranteed expense to those partners responsible for making up losses (the capital partners) as noted in Treasury Regulation Section 707-1(c) Example 3. The chef gets no allocation for the guaranteed expense as he/she does not participate in losses.If we change the situation slightly, we may change the tax results. If the membership agreement says the chef shares in losses, we then allocate a portion of the guaranteed expense back to the chef following the above treasury regulation.As a final note, a TP return requires knowledge of primary tax law if the TP desires filing a completed an accurate partnership tax return.I have completed the above tax analysis based on primary partnership tax law. If the situation changes in any manner, the tax outcome may change considerably. www.rst.tax