Business Filing

Start a business as a Limited Liability Company

Limited Liability Company (LLC) The United Sates Internal Revenue Service describes an LLC as A Limited Liability Company (LLC) is a business structure allowed by state statute. Each state may use different regulations, you should check with your state if you are interested in starting a Limited Liability Company.

Owners of an LLC are called members. Most states do not restrict ownership, so members may include individuals, corporations, other LLCs and foreign entities. There is no maximum number of members. Most states also permit “single member” LLCs, those having only one owner.

A few types of businesses generally cannot be LLCs, such as banks and insurance companies. Check your state’s requirements and the federal tax regulations for further information. There are special rules for foreign LLCs.

LLC Classification

The IRS's treatment of an LLC hinges on the elections made by the LLC and its number of members. An LLC is treated as either a corporation, a partnership, or a disregarded entity, which is part of the owner’s tax return.

Specifically, a domestic LLC with at least two members is deemed a partnership for federal income tax purposes unless it opts to be treated as a corporation by filing Form 8832. Conversely, an LLC with a single member is considered a disregarded entity separate from its owner for income tax purposes unless it files Form 8832 to be treated as a corporation. Nevertheless, for employment tax and certain excise taxes, a single-member LLC is treated as a separate entity.