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LLC Tax Question

Posted on 2/25/17 at 9:05 pm
Posted by I Love Bama
Alabama
Member since Nov 2007
37702 posts
Posted on 2/25/17 at 9:05 pm
Let's say you have an LLC that is making $100,000 per year after expenses.

This LLC is owned by 2 people.


Person 1 has a day job that puts him in the highest tax bracket.

Person 2 is in the lowest tax bracket.


Are they paying different tax rates inside the LLC or is the LLC taxed at a different rate?
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 2/25/17 at 9:09 pm to
I thought LLC members each pay whatever bracket they're in
Posted by I Love Bama
Alabama
Member since Nov 2007
37702 posts
Posted on 2/25/17 at 9:11 pm to
I think you're right. Just want to make sure I wasn't missing something.
This post was edited on 2/25/17 at 9:21 pm
Posted by Jorts R Us
Member since Aug 2013
14808 posts
Posted on 2/26/17 at 7:02 am to
An llc is a conduit. No entiry-level income tax. Each member will get a K-1 that feeds into their individual return. They'll be taxed according to their individual tax bracket.
Posted by hedgediver
LSU
Member since Sep 2004
2094 posts
Posted on 2/26/17 at 7:55 am to
An LLC with multiple members can be taxed as a c-corporation, s-corporation, or partnership. The vast majority are taxed as S-corps or partnerships, and the income from those entities flows through to the members on a K-1 form and is taxed at each members personal rate. The C-corp is taxed within the entity and is subject to double taxation as the only way to get money out of the entity is wages or dividends.

I guess my point is - the fact that it is a LLC does not determine the taxation, as an LLC can be taxed various ways depending upon how the entity was created.
This post was edited on 2/26/17 at 8:46 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37081 posts
Posted on 2/27/17 at 4:32 pm to
quote:

An LLC with multiple members can be taxed as a c-corporation, s-corporation, or partnership. The vast majority are taxed as S-corps or partnerships, and the income from those entities flows through to the members on a K-1 form and is taxed at each members personal rate. The C-corp is taxed within the entity and is subject to double taxation as the only way to get money out of the entity is wages or dividends.

I guess my point is - the fact that it is a LLC does not determine the taxation, as an LLC can be taxed various ways depending upon how the entity was created.


This is correct and I want to echo this because this is a common situation I see in my practice.

An "LLC" is a state-level creation. You form an LLC by following the laws of your state.

An "LLC" is NOT in and of itself a taxable entity for federal tax purposes. There is no LLC federal tax return, etc. An LLC must choose to be taxed as an entity (as hedgediver indicated).
Posted by OceanMan
Member since Mar 2010
20013 posts
Posted on 2/27/17 at 6:07 pm to
LLC should just split income ratably and you both report on your own (pass through taxation), unless you made some other sort of election. Most likely taxed as partnership.

The nature of the income will be treated specifically for the individual as well. Whether it is passive may affect you more than him and vice versa
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