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Level 2
June 28, 2023
Question

LLC

  • June 28, 2023
  • 2 replies
  • 8 views

What are the tax complications with having an LLC for asset protection. And what all should I know about taxes with LLC in Texas? 

2 replies

K M W
Level 6
Level 6
June 28, 2023

An LLC can be taxed in different ways, depending on how it is structured.  By default, LLC"s are business entities organized under state law, and each state has its own regulations for entities organized within its jurisdiction.

 

Depending on the elections made by the LLC and the number of members, the IRS will treat the LLC as either a partnership, a disregarded entity, or a corporation.

 

For federal income tax purposes, if your LLC has two or more members, it is classified as a partnership and is required to file a partnership return (Form 1065).  An LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes - so a single member LLC's income and expenses would be reported on Schedule C of your individual tax return Form 1040. In other words, a single member LLC for federal income tax purposes is treated no differently than if you were a sole proprietor.

 

An LLC with either a single member or multiple members MAY elect to be taxed as a corporation for federal income tax purposes, either as a C corporation or an S Corporation.

So, for income tax purposes, unless you elect with the IRS to be treated differently,

  • If you are the only owner of the LLC you will be taxed as a sole proprietor, and report the LLC income and expenses on your personal return, on Schedule C. 
  • If you have other members of the LLC, your LLC will have to file a partnership tax return, form 1065.

The state of Texas imposes a franchise tax on most LLC's, which is different that the traditional income tax. For more information on the Texas Franchise Tax, see the link here:  Texas Franchise Tax overview 

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Level 2
June 28, 2023

Would my wife count as another member or still one member if she is listed on the LLC? 

Level 5
June 28, 2023

Hi @Cashrob817!  In short, yes.  In Texas, which is a community property state, an LLC owned solely by a married couple, can elect to be taxed as a single-member LLC (i.e., a disregarded entity).

 

I hope this helps!  If so, please give me a thumbs up!!

Level 5
June 28, 2023

Thank you for asking. LLC, stands for Limited Liability Company and generally can protect the personal assets of members. For example, if your business got sued, only the assets of the LLC can be subject to the judgement lien, except some extraordinary cases. 

When filing tax for your LLC, you have the flextity to choose how to file it. For example, you can chose to file Schedule C with your individual tax return if you are the single owner of the business. You can also elect to be taxed as partnership or Corporation or even S-Corporation. Please see this article, LLC Tax Filing Rules, for more details. 

If the LLC is a single-member LLC, Texas LLC will be taxed as pass-through entities. In other words, the profits and losses will be reported on the owner's individual tax return. For TX, LLC can subjec to Franchise Tax and it all depends on your election on how to file it. Pls see the detailed list at Texas Comptroller webiste. 

I hope the above information helps. Please feel to contact us if you have any further questions. 

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