One of the many responsibilities of managing your own company is dealing with all the details of filing your business tax return. Your business has grown, and you recently chose to incorporate as an LLC (Limited Liability Company) to receive certain benefits you could not have as a sole proprietor, you might have questions about how to file taxes for LLC businesses. One question most new LLC owners wonder is, "Do LLCs get 1099s?" The answer is yes, but not always.
One form that every sole proprietor receives from companies that pay them for goods or services is the 1099. But in some situations, a 1099 for LLCs can be issued. Do LLC get 1099 forms that look the same as personal 1099 forms? Yes, a 1099 for LLC companies looks like any other 1099 form. It is a tax form that business owners need to file with the IRS to make an official record of payments made to independent contractors, freelancers or LLCS during the tax year.
In general, any time a business buys products or services or pays rent for a total of $600 or more from a single individual during the tax year, that business needs to file a 1099. If those goods or services are purchased from an LLC, that business needs to file an LLC 1099 form for that company
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LLC 1099 forms
The LLC 1099 is no different from the form that is generally used for individuals who provide goods or services to a company. If you're a sole proprietor, and you don't have a business entity set up for your business, you'll receive a 1099 form from any business that pays you for your work. But if you are a contractor who is set up to do business as an LLC, it gets a bit more complicated and questions like "Do LLC's get a 1099?" start to come up.
The question, “Do LLC get 1099 forms?” does not have any simple answer. For one thing, not all LLCs are set up for the same tax treatment. Whether or not LLC contractors receive an LLC 1099 depends on how they file their taxes.
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How are LLC taxed?
Unlike a corporation, which is a separate tax entity from its owners, an LLC is something the IRS calls a "pass-through entity," which means the businesses profits and losses all pass through the business to the owners. LLC owners are called members, and they report this income or loss on their personal tax returns. When it comes to IRS income tax, the LLC itself pays none, though some states do require LLCs to pay an annual fee.
Quick tip
If you've decided to have your LLC taxed as a corporation, you should not be receiving any 1099 forms.
Single-member LLCs
LLCs with one member are treated like sole proprietorships when it comes to taxes. So the LLC does not need to file any tax return or pay any taxes itself. That's all up to its owner. If that's you, you'll file your 1040 form just as you would have before you formed your LLC and attach a Schedule C, Schedule E and Schedule SE, if not more. Any 1099 for LLC businesses that you receive will be part of your filing.
Multi-member LLCs
In the eyes of the IRS, co-owned LLCs are partnerships and are taxed as such. LLCs that have multiple owners don't pay taxes on income. Its owners do. Whatever each owner's share of the income is, that's what they will base their tax payment on when they go to file their personal tax return. The share each owner receives is called the distributive share, and it should be outlined in the LLC's operating agreement. If the business receives any LLC 1099 income, it becomes part of the overall income that is divided into shares.
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Taxes for multi-member LLCs
You already know that for single-member LLCs, taxes are simple. There's no difference between filing your taxes as a sole proprietor and filing taxes as the sole owner of an LLC. But how are the distributive shares for a multi-member LLC taxed? However those shares are divided up, the IRS assumes each member receives their entire share. That means they have to pay taxes on that entire share, even if the company does not actually pay the entire share to the member.
Sometimes members don’t need to receive their entire share, and they leave some of the profits the company has made in the business to expand it or buy more inventory, for example. But those members still have to pay tax on the full profit, whether it's in their bank account or the business' account.
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How to file LLC taxes
Filing taxes for an LLC is pretty straightforward. In any case, the owners just have to file their personal income tax returns. They don't need to worry about how to file taxes for LLC businesses because LLCs don't pay taxes. They do, however, need to worry about the Form 1065.
Although the IRS does not require LLCs to file an income tax return or pay taxes, it does require co-owned LLCs to file the same form that partnerships need to file. The 1065 form tells the IRS how much each member of the LLC is receiving in income. Another form the LLC must file is the Schedule K-1. It shows the IRS how much each LLC member's share is of the business' profits and losses. This should be the same information that the members share in their Schedule E, when they file their individual 1040 form.
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What’s FlyFin?
FlyFin is the #1 A.I.-powered tax engine for freelancers, gig workers and sole proprietors. LLCs, too, can save more on their taxes with FlyFin's A.I. tracking all their business expenses to find every possible tax deduction.
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