Taxation and Maintenance
LLC disadvantages include complexity of taxes and the potential expense of formation and maintenance. While LLCs provide liability protection and tax flexibility, which can benefit small businesses, they can also bring the complexity of selecting a tax status. If taxed as a C corporation, an LLC can receive tax refunds if quarterly estimated payments exceed the tax liability. However, the LLC itself does not pay taxes and does not need to file a return with the IRS if there is a single member, who then reports all profits or losses on their personal tax return.
Running an LLC
An LLC is not required to have income or post profits, but if the owner is claiming deductions without reporting income, the IRS may audit to ensure it’s an actual for-profit business. Moreover, the IRS limits the claiming of business losses to three out of five tax years. States also charge an initial formation fee for setting up an LLC.
Steps to Register and Operate an LLC
To set up an LLC, follow these steps:
- Choose a business name
- Select registered agent
- File formation documents
- Create operating agreement
- Get EIN
- Set up business license and permits
To start making money with an LLC:
- Define business goals and target market
- Formally register your LLC
- Arrange financing and accounting
- Market services and products
- Provide consistent quality and value
When winding down an LLC, the structure allows for smooth distribution of assets and settling of obligations.
Frequently Asked Questions about LLCs
Do LLCs get tax refunds? LLCs set up as S corporations file a Form 1120S but don’t pay any corporate taxes on the income.
What if an LLC doesn’t make money? If the net business income was zero or less, the owner may not need to pay taxes, but filing a return may still be required.
The IRS will allow you to claim losses on your business for three out of five tax years.