rjs
Level 15
Level 15

Business & farm

Is your business actually an LLC or is it an S corp? How is the business registered with the state?

How many owners does the business have?


An LLC can file Form 2553 with the IRS to elect to be treated as an S corp for tax purposes. Has your LLC done that?


You never actually file a federal tax return as an LLC because federal law does not recognize an LLC. An LLC with more than one member (owner) files as a partnership. Form 1065 is a partnership tax return. An LLC with only one member (owner) is disregarded for income tax purposes. It's treated the same as a sole proprietorship, which is reported as self-employment on Schedule C in the single owner's personal tax return.


An LLC that has filed Form 2553 to elect to be treated as an S corp files an S corp tax return, which is Form 1120-S.


I'm sure the IRS is not telling you to file "as an LLC" because there is no such thing. What exactly does the IRS letter say you should do?


And what exactly do you mean when you say "I filed my 23 return as an S Corp"? Do you mean that you did not file a Form 1040 personal tax return? A Form 1120-S tax return for an S corp is not a substitute for a personal tax return. You always have to file a Form 1040, even if you also file a separate 1120-S for an S corp or 1065 for a partnership.