FAQ Keyword |
2005 Tax Year |
Keyword: Limited Liability Company (LLC)
This is archived information that pertains only to the 2005 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
I recently formed a limited liability company (LLC). The LLC has
no employees. Do I need a separate Federal Tax ID number for the LLC?
No, you will not need a separate Federal Tax ID number for the LLC if you
are the sole owner of the LLC and the LLC has no employees. If you are the
sole owner of the LLC and the LLC has employees, you will need to get a separate
Federal Tax ID number, if you choose to have the LLC report and pay employment
taxes with respect to employees of the LLC. If you are not the sole owner
of the LLC, you will need a separate Federal Tax ID number for the LLC. See
Notice 99-6, 1999-1 CB 321.
References:
- Publication 1635 (PDF), Understanding your EIN - Employer
identification Number - IRS
- Form SS-4 (PDF), Application for Employer
Identification Number
- Form 8832 (PDF), Entity Classification
Election
For IRS purposes, how do I classify a limited liability company?
Is it a sole proprietorship, partnership or a corporation?
A limited liability company (LLC) is an entity formed under state law by
filing articles of organization as an LLC. Unlike a partnership, none of the
members of an LLC are personally liable for its debts. An LLC may be classified
for Federal income tax purposes as if it were a sole proprietorship (referred
to as an entity to be disregarded as separate from its owner), a partnership
or a corporation. If the LLC has only one owner, it will automatically be
treated as if it were a sole proprietorship (referred to as an entity to be
disregarded as separate from its owner), unless an election is made to be
treated as a corporation. If the LLC has two or more owners, it will automatically
be considered to be a partnership unless an election is made to be treated
as a corporation. If the LLC does not elect its classification, a default
classification of partnership (multi-member LLC) or disregarded entity (taxed
as if it were a sole proprietorship) will apply. The election referred to
is made using the Form 8832 (PDF), Entity Classification
Election. If a taxpayer does not file Form 8832 (PDF) , a default classification will apply.
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