LLC Disregarded Entity is a business entity (usually like a single member LLC) that has a single owner who can report the business income on personal tax returns. In addition to this tax simplification, it offers the best feature of an LLC - limited liability(separation between the owner and his business entity)
In short, it is a business entity disregarded for federal tax.
Like all other business structures, it also has its disadvantages.
In this article, we covered:
- Pros and Cons of Disregarded Entity
- When is an Entity No Longer Disregarded?
- FAQ
Pros of Disregarded Entity
- Simplified Tax Filing: As we mentioned earlier, the main benefit of this business structure is that it can help to simplify your tax filing by letting you file your business entity returns on your personal returns. If you're a single person running a small business, you might not have the time or resources to deal with complex tax paperwork needed in other business structures like corporations. In addition to Federal Tax, some states like Wisconsin also disregard these businesses as separate entities
- Benefits of Sole Proprietorship and an LLC: As a model, it combines the best of the features of a Sole Proprietorship and an LLC. You get the tax structure of a single owner and the security of an LLC as a business owner.
- Tax Benefit: You end up paying double taxation as an owner of a corporate structure. You pay taxes on profits and dividends you receive as an owner. You can avoid such issues with a disregarded entity.
- In addition to these, some states also offer additional benefits by considering an entity as disregarded if the federal structure considers the given entity disregarded.
Cons of a disregarded entity:
There are some drawbacks of a disregarded entity, including:
- Self-employment taxes: Another disadvantage of a disregarded entity is that the owner may be subject to self-employment tax. This means that you'll need to pay Social Security and Medicare taxes on your net income from the business.
- A thinner corporate veil: A final disadvantage of a disregarded entity is that it can have a thinner corporate veil. This means that the owners may be held personally liable for the debts and liabilities of the business. This is because the business is not a separate legal entity from its owner.
- Increased paperwork and formalities: There may be additional fees and more paperwork if you want to convert your sole proprietorship into an SMLLC without any workers. Even as the owner of the LLC, you'll have to maintain a clear distinction between your commercial and personal assets and establish an operating agreement to detail how your business operates. There are also yearly reporting obligations to fulfill, as well as costs that must be paid in order to keep your status.
If you want to weigh the pros and cons of a disregarded entity compared to similar popular models like LLC, we also curated all the benefits of using an LLC model by state.
When is an Entity No Longer Disregarded?
Cases that no longer your company is elected to be a disregarded entity:
If an LLC adds more than one member, it is automatically classified as a partnership for federal tax purposes, regardless of how it is organized under state law.
Entity Classification Election. An LLC that is a disregarded entity for federal income tax purposes can be taxed as a corporation, partnership, or sole proprietor. The IRS will treat an LLC as a corporation if it files Form 8832 and elects to be taxed as a corporation. An LLC will be treated as a partnership if it files Form 1065 and elects to be taxed as a partnership. An LLC will be treated as a sole proprietor if it does not file Form 8832 or Form 1065.
When the status is not compliant as a Single-membered LLC, failing to comply with all state regulations governing this business type can also result in the loss of disregarded entity status.
