2025 BOI rule update US entities are now exempt. Check if you still need to file →
Tax guideLLCs are tax-flexible: by default a single-member LLC is a disregarded entity, a multi-member LLC is a partnership. Both can elect S-Corp or C-Corp treatment.
Home/Tax guides/How LLCs Are Taxed
Tax guide
How Llcs Are Taxed · File.Business

How LLCs are taxed. Default rules and the elections that change them.

The LLC is a state-law entity. The IRS does not have an "LLC" tax classification. Instead, the IRS assigns a default tax treatment based on member count, which LLC owners can change via election. This guide covers the four possible tax classifications, when to elect each, and how the math actually works for owners taking distributions or salary.

Updated for 2026 Specialty CPAs available Not tax advice
$0
Free
formation service
51
Jurisdictions
filed in-house
220K+
Businesses
formed since launch
4.9★
Rating
8,200+ verified reviews
SOC 2 Type II · 2025 report 4.9 · 8,200+ reviews E&O Insured · carrier on request 51 Jurisdictions 220,000+ Formed
See disclosures + carrier names →
Key facts

Start here.

Key fact
Default classification

Single-member LLC: disregarded entity (Schedule C). Multi-member LLC: partnership (Form 1065 + K-1s).

Key fact
Elections

Either default can elect S-Corp (Form 2553) or C-Corp (Form 8832) treatment. S-Corp is the most common election; C-Corp is rare for LLCs.

Key fact
Self-employment tax

Default LLC owners pay 15.3% SE tax on all net profit. S-Corp election can reduce this; C-Corp eliminates it but introduces double taxation.

Key fact
Pass-through deduction

LLC owners may deduct up to 20% of qualified business income (Section 199A) on personal returns. Phaseouts apply over income thresholds.

Key fact
State variation

Most states follow federal classification. California, Tennessee, and a few others impose entity-level taxes on LLCs regardless of federal classification.

In depth

The full explanation.

01

Disregarded entity (single-member default)

Single-member LLC profits and losses flow directly to the owner on Schedule C of the personal 1040. The LLC files no separate federal tax return. SE tax applies to all net profit at 15.3% (up to the Social Security wage base of $168,600 in 2024; Medicare portion continues uncapped). Owner pays both employer and employee shares of FICA. Quarterly estimated tax payments are required if net tax owed will exceed $1,000.

02

Partnership (multi-member default)

Multi-member LLC files Form 1065 partnership return at the entity level. The 1065 is informational only; the LLC pays no federal income tax. Each member receives a Schedule K-1 reporting their allocated share of income, deductions, credits. Each member pays tax on K-1 amounts on their personal 1040. Active members pay SE tax on their distributive share of business income (passive members may not).

03

S-Corp election

Filed via Form 2553. The LLC remains an LLC under state law but is taxed as an S-Corp for federal purposes. Owners working in the business become employee-shareholders: they receive W-2 wages (subject to FICA) plus distributions (not subject to SE tax). The IRS requires "reasonable compensation" as wages before distributions can be paid; lowballing wages to inflate distributions is a top audit target. S-Corp election typically saves money at $60-80k+ in net profit. Below that, payroll complexity is not worth it.

04

C-Corp election

Filed via Form 8832. The LLC is taxed as a C-Corp: entity-level tax (21% federal flat rate), plus shareholder-level tax on dividends (15-23.8% depending on bracket). Double taxation. Rarely chosen by LLCs unless raising venture capital (where Delaware C-Corp is standard) or planning for QSBS treatment (which requires C-Corp status).

05

Pass-through deduction (Section 199A)

LLC owners with qualified business income (QBI) may deduct up to 20% of QBI on their personal return. Phaseouts begin at $191,950 (single) / $383,900 (married joint) in 2024. Specified service trade or business (SSTB) rules limit the deduction for certain professions (consulting, law, medicine, accounting, financial services).

06

State income tax

Most states tax LLC income at the member level (pass-through), following federal classification. Exceptions: California ($800 minimum franchise tax + 1.5% on S-Corp election + gross receipts fee for LLCs over $250k revenue), Tennessee (excise + franchise tax), Texas (margin tax), New York (filing fee), Washington DC (unincorporated business tax).

07

Sales tax (different)

Sales tax is unrelated to income tax classification. Any LLC selling taxable goods or services in nexus states must register for and collect state sales tax separately, regardless of income tax treatment.

Worked example

Worked example: $150,000 net profit, single-member LLC

Default disregarded entitySE tax 15.3% × $150k × 92.35% factor = $21,194. Federal income tax on $150k (after QBI deduction) ≈ $24,000. Total federal: ~$45,194.
S-Corp election (W-2 wages $80k, distribution $70k)FICA on W-2: 15.3% × $80k = $12,240. Federal income tax on $150k personal income ≈ $24,000. Total federal: ~$36,240.
Savings from S-Corp$45,194 − $36,240 = $8,954/year. Payroll service: ~$500/year. Net savings: ~$8,450.
Need help with your taxes?Our partner CPA network handles LLC tax filings, S-Corp elections, multi-state returns, and quarterly estimated tax. From $800/year.
Find a CPA →Specialty-matched
FAQ

Common questions.

Can an LLC be taxed as a sole proprietorship?
A single-member LLC is taxed as a sole proprietorship by default (technically "disregarded entity"). Same Schedule C reporting on personal 1040.
What is the difference between an LLC and S-Corp?
LLC is a state-law entity type. S-Corp is a federal tax classification. An LLC can elect to be taxed as an S-Corp; it remains an LLC under state law.
When does S-Corp election make sense?
Once net profit (after expenses, before owner pay) crosses about $60-80k. Below that, the $40/mo payroll service plus 941 filings outweigh the SE tax savings.
Can I elect S-Corp mid-year?
Yes, with Form 2553 filed within 75 days of the desired effective date, or for the next tax year if missed.
Do LLCs pay federal income tax?
Default LLCs do not pay federal income tax at the entity level (pass-through). LLCs that elect C-Corp treatment pay 21% federal corporate tax.
What about Delaware LLC taxes?
Delaware imposes a flat $300/year LLC tax (franchise tax). No state income tax on out-of-state operations. Federal tax follows standard rules.
Are LLC owners self-employed?
Default LLC owners are self-employed for tax purposes. S-Corp-elected LLC owner-employees are technically employees of the LLC, drawing W-2 wages.
Can I deduct health insurance through my LLC?
Self-employed health insurance deduction available on Schedule 1 of 1040. S-Corp owner-employees can have premiums included in W-2 wages (deductible to LLC, taxable to owner, then deductible above-line on personal return).
What about retirement contributions?
Solo 401(k) or SEP-IRA available to LLC owners. Contributions reduce taxable income. Limits vary by plan type and ownership structure.

Tax setup, done right.

Form your entity, elect the right tax classification, and get matched to a specialty CPA in one place. Files.Business is not your tax advisor; we connect you to one.

This guide is educational. Specific situations require professional advice from a licensed CPA or tax attorney.

$129/yr Compliance Annual Filings · penalty-free

On the $129/yr Compliance Annual Filings plan, we cover state late fees.

When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.

See compliance plans →
Form your business for $0Start →
File.Business is a private business filing and compliance service. We are not a government agency and are not affiliated with any Secretary of State office. You may file directly with the appropriate state agency. SOC 2 Type II audited. 220,000+ businesses formed since 2017.