However, for purposes of employment tax and certain excise taxes, an LLC with only one member is still considered a separate entity. For income tax purposes, an LLC with only one member is treated as an entity disregarded as separate from its owner, unless it files Form 8832 and elects to be treated as a corporation.

Specifically, a domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation. Classificationsĭepending on elections made by the LLC and the number of members, the IRS will treat an LLC as either a corporation, partnership, or as part of the LLC’s owner’s tax return (a “disregarded entity”). There are special rules for foreign LLCs. Check your state’s requirements and the federal tax regulations for further information. Most states also permit “single-member” LLCs, those having only one owner.Ī few types of businesses generally cannot be LLCs, such as banks and insurance companies. Most states do not restrict ownership, so members may include individuals, corporations, other LLCs and foreign entities.

Each state may use different regulations, you should check with your state if you are interested in starting a Limited Liability Company. A Limited Liability Company (LLC) is a business structure allowed by state statute.

Setting up an llc