The Basics of SMLLCs

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By Joanna Nguyen

Single member limited liability companies (SMLLCs), like all LLCs, are designed to protect against personal liability.  An SMLLC is treated as a “disregarded entity” for federal income tax purposes, unless it formally elects to be treated as a corporation.  Thus, its earnings and losses will be reported on an individual member’s personal return on Schedule C as if it were a sole proprietorship.  In other words, an SMLLC will be considered a sole proprietorship for federal tax purposes, but will not lose other benefits associated with being a corporate entity.  Therefore, the SMLLC does not need to file any tax forms for federal purposes.

In most states, an SMLLC is treated as a “disregarded entity” for tax purposes.  For California income tax purposes, payment of the annual tax and LLC fee is required and therefore, a California SMLLC should file Form 568 with Page 1, Page 2, and the LLC Income Worksheet.  The LLC fee is applicable if total California annual income (gross receipts and not net income) is $250,000 or greater.  The fee ranges from $900 to $11,790.

Although an SMLLC protects against personal liability, it will not protect against a claim based on negligence, professional malpractice, or other personal wrongdoing that the owner commits related to the business.  Therefore, if a sole proprietor is able to acquire liability insurance, other types of business formations can be considered.

For more information about SMLLCs, please contact our office at (714) 836-8300.

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