Nevada LLC Tax Structure – Classification of LLC Taxes To Be Paid


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A limited liability company in general does not have to pay any business taxes. When we talk about the classification of LLC taxes in Nevada, we know that it is a pass-through taxation structure. Typically, the profit LLC makes passes through the LLC to its members. Based on the profit share, members file their income tax returns. LLCs, unlike other corporations, do not have to pay income taxes based on profit or revenue.

IRS (Internal Revenue Service) allows LLCs to choose their preferable classification of tax at the beginning of the LLC formation. In general, a single-member LLC is taxed as a sole proprietor and a multi-member LLC is taxed as a partnership. As there is no fixed tax structure for LLCs, anyone certainly wants to opt for the most beneficial one. Keep reading till the end to know more about the tax structure of a Nevada LLC and related aspects.

Classification of Nevada LLC Taxes

An LLC is considered a Pass-through Entity because it allows the income to pass through & become self-employment income. The members of the LLC have to pay Self-employment tax or Self-Employment Taxes on any income they earn through the LLC. The LLC has to pay Franchise Tax on its income. In addition to the Self-employment tax, there are some other requirements that an LLC has to consider, such as:

  1. Franchise Tax – Franchise tax applies to or levies upon LLCs, C-corporations, & S-corporations. Sole Proprietorship & Partnerships (directly owned by individuals) are exempted from the Franchise Tax. This tax is to be paid with the office of the Comptroller of Public Accounts.
  2. Federal Tax Identification Number – An LLC with employees must obtain a Federal Tax Identification Number. Nevada does not have a separate State Tax Identification number.
  3. State Employer Taxes – If an LLC has employees on the payroll, it must pay state employer taxes in Nevada. These taxes are handled through Nevada Workforce Commission.
  4. Franchise Tax Report – In Nevada, the LLCs do not file a Franchise Tax Report. Instead, they file an Annual Report. This report has all the information regarding the LLC and its business in a year.

Federal Tax Classifications

When LLCs were recognized as one of the types of Business Corporations, IRS did not create a new tax classification just for the LLC. LLCs were allowed to choose from the current tax classifications.

LLC Taxes to be Paid in Nevada

An LLC in the state of Nevada has to pay two types of taxes to the Nevada Department of Taxation:

  • State Tax
  • Commerce tax

State Income Tax

Nevada is one of those states that does not have a state income tax. This means the LLC members will owe no state tax on income they earn from a Nevada LLC.

State Sales Tax

The State Sales tax rate in Nevada is 4.6%. Tax-exempted goods are food, medications, clothing, and gas. Other local taxing jurisdictions, such as cities and counties may impose an additional sales tax. The sales tax needs to be paid monthly or quarterly.

Commerce Tax

If your LLC generates more than $4,000,000 in gross revenue in a tax year, then you’ll be required to file a Nevada Commerce Tax return. According to different business categories, its own gross receipts tax rate has been assigned. The rates range from 0.051% to 0.331%.

Federal Self-Employment Tax

The Federal Self-Employment tax is administered by the Federal Insurance Contributions Act (FICA). The Federal Self-Employment Tax applies to all the earnings of an LLC member or manager. The Federal Self-Employment Tax rate in Nevada is 15.3%. To deduct your LLC’s expenses from the income you earned, you must calculate the Self-Employment Tax your LLC owes.

Federal Income Tax

For any earnings you take out from your LLC, you need to pay a regular income tax. The income tax payable depends on various factors such as your earnings, current income tax bracket, deductions, etc. One pays federal income tax only on profits that you take out of the business and allowances.  

Employee & Employer Taxes 

If your LLC pays employees, then there are some slightly different tax implications. The employee & employer tax implications are different from all the other types mentioned above. Both the employer and the employee withhold 7.65% of their taxable wages, which results in the current federal tax rate of 15.3%.

Irrespective of whether you withhold the Federal Tax and Nevada state tax or not, each employee has to file an individual Tax return. The employer might also need to pay insurance for certain employees, such as unemployment tax, etc. 

Default LLC Tax Classification Rules

By default, the LLCs are categorized as below (In both the categories, separate filing of income is not required):

Disregarded Entity (Single-Member LLC)  

A single-member LLC is usually disregarded from the taxes. Hence a single-member LLC is also called a disregarded entity. Under the U.S. tax law, it is assumed that a single-member LLC is owned by an individual (& not by another LLC), so the U.S. tax law levies rules on it as a Sole Proprietor. Single-member LLC’s owner (Sole Proprietor) has to report all the income of the LLC via his own income tax return.

Sole Proprietorship Taxes

As mentioned earlier, the single owner of the LLC is treated as the Sole proprietor of the LLC & has to file the Self-Employment Tax on all of the LLC’s earnings. Nevada does not levy State Income Tax, so a single-member LLC must file only the Federal Income Tax.

Partnership (Multi-Member LLC)

Any LLC with more than one owner is referred to as Multi- Member LLC & it is taxed as a partnership by default. Similar to the Single Owner or Single Member LLC, this LLC is also a pass-through entity. This means that the income of the LLC passes through the income of the members & they have to file taxes through their own earnings.

Partnership Taxes

Partnership or Multi-Member LLC has to pay taxes similar to the Single Member LLC. If the Partnership LLC is directly owned by individuals, it is exempted from the Franchise Tax. All the members of the Multi-Member LLC are liable to pay Self-Employment Tax & Federal Income Tax.

Options to Change Default Tax Classification

The LLCs are categorized either as sole proprietorships or as partnerships, depending on the number of members the LLC has. This is the default tax classification applicable to LLCs. However, the LLCs have an option of changing the default classification & opting to register under the following categories for taxation purposes:

C-Corporation

An LLC can prefer to be treated as a C-corporation by filing form 8832 (the Entity Classification Election Form) with the IRS. The C-corporation is a regular corporation that is subject to corporate taxes & it is not a pass-through entity. 

C-corporation Taxes

An LLC taxed as a C-Corporation is not a pass-through entity. In a C-corporation, the members/shareholders/ owners are taxed separately. The shareholders of the C-corporation are taxed twice on the dividends that they earn. The dividends of the shareholders are taxed at the corporate level – with a Corporate Tax filed with Form 1120 & at a Shareholder level – an Income Tax filed with Form 1040. Shareholders are subjected to Federal Income Tax.

S-Corporation

The S-Corporation is the most common type of corporate structure used by small businesses. It was created to provide corporations with limited liability protection while maintaining the benefits of being a separate legal entity. An LLC can prefer to be treated as S-Corporation by filing Form 2553. S-corporations are small business corporations, that choose to pass through the corporate income, losses, deductions, & credits to the shareholders for the purposes of Federal Taxes.

S-corporation Taxes

An S-Corporation is similar to an LLC except that it is treated by the IRS as a corporation for tax purposes. S-Corps do pay corporate income taxes; however, they are still considered disregarded entities for federal tax purposes.

Like an LLC, an S-Corp reports its annual earnings on a separate Schedule E on the member’s personal account. An S-Corp is treated by the IRS much like a partnership for tax purposes. Unlike Partnership, in S Corporation,  the shareholders are required to pay Federal Self Income tax on their share of the company’s profits.

Choosing a Classification for Your LLC

In terms of owners’ protection against liability, perpetual existence, & savings in Taxation, Both LLCs (Limited Liability Companies) & Corporations are very much alike. However, with regard to formalities, Taxation, & capital, LLCs & Corporations differ in Nevada. 

Liabilities

Both LLCs and Corporations provide liability protection to their owners. The LLC provides protection against inside liability (towards the employee) & outside liability (towards the creditor). The Corporation usually provides only the inside liability. 

Tax Classification Flexibility

For taxation purposes, an LLC has a choice of being treated as a sole proprietorship, Partnership or C-corporation or S-corporation. A corporation can choose to be treated only as C or S Corporation.

Taxation

As mentioned earlier, the LLC can choose to be treated as a corporation; the Corporation does not have the option of being treated as the LLC. A Nevada LLC is subjected to Franchise tax, Federal Income Tax, Sales & Use Taxes & State Employment Taxes (for LLCs that have employees)

A regular corporation or a C- Corporation is subjected to corporate tax, which can be filed through Form 1120 every year. The shareholders have to pay the Income-tax, only when they receive dividends from the Corporation. These dividends are taxed twice at the corporate level (on a corporate form)& at the shareholder level (on shareholder form).

An S- Corporation in LLC is not subjected to corporate taxes. But the shareholders are subjected to Taxation – even if they do not receive any dividends. A member of a Nevada S-corporation has to pay Federal Self employment Tax only on his salary; any other profits that he makes through the LLC are not subject to the 15.3% Self Employment Tax.

Classification of LLC Taxes – At a Glance

Points of Difference             LLCS- CorporationC-CorporationSole Proprietorship 
TaxationAs an LLC, by default, there is no tax levied at the entity level. The members’ income or even the loss is passed through to members or owners.  Similar to LLC, no tax is levied on an S-Corporation at the entity level. The members’ income or even the loss is passed through to members or owners.  The C-Corporation is often taxed at the entity level. The Dividends are taxed at the shareholders’ level.The Sole- proprietorship as an entity is not taxable. The Sole Proprietor pays taxes as an Individual.
Double TaxationThe LLC does not have Double TaxationThere is no Double Taxation in S-Corporation There is Double Taxation in C-Corporation, only when the Shareholders earn in the form of dividends.No Double Taxation in a sole proprietorship.
Self Employment TaxThe net income of the members or owners is subject to self-employment tax. The salaries of the shareholder are subject to self-employment tax, but any other profits that the shareholder makes are not subject to the employment tax.The C-Corporation is subject to self-employment tax.The Sole-proprietorship is subject to self-employment tax
Pass-Through Income/LossAn LLC is often referred to as a Pass-through entity because its income passes through/ passes to its members. Yes, An S Corporation is a Pass-through Entity.No, A C-Corporation is not a Pass-through Entity.Yes, A Sole-proprietorship is a Pass-through Entity.

How Do LLCs Pay Taxes in Nevada

Any LLC operating in Nevada is liable to pay 2 kinds of taxes- state taxes as well as federal taxes.

Many business owners are confused about how to pay their taxes in Nevada, but the truth is surprisingly simple. In Nevada, LLCs are taxable entities that file federal information returns and issue K-1s to their members, reporting their share of profits to the owner’s personal income tax return. To register an LLC in Nevada, fill out the registration form and submit it to the Department of Taxation. You will receive a permit to collect sales tax from customers in Nevada, one for each of your business locations.

In Nevada, LLCs are taxed differently than other types of business entities. Corporations pay more taxes than individuals do, but their tax rates are lower. A corporation pays 15 percent of its earnings if its income is under $50,000. Afterward, it pays $7,500 plus 25% of its income. Any retained earnings can be distributed to its members as dividends, bonuses, and income. In some states, however, LLCs must pay taxes to the state rather than the federal government.

One of the first steps to setting up a Nevada LLC is to choose a name. Be sure to choose a name that is unique and easy to remember, as well as one that can be spelled correctly and looked up in a search engine. When choosing a name, keep in mind that a great name can seem unwieldy if run together with a number of other companies.

In Nevada, LLCs are considered pass-through entities, which means the profits are passed through to the owners. So, the owners of an LLC in Nevada will never have to pay state taxes. However, Nevada does not have personal income taxes, so their LLC profits will not be taxed by the state. So, when it comes to taxation, a Nevada LLC is one of the best options for tax avoidance.

Besides payroll tax, Nevada LLCs also need to register with the state’s Employment Security Division. They can register with the ESD online or through a form called APP-01-00. This registration is related to the payment of state unemployment compensation taxes. The ESD will collect this tax and remit the payment to the government. If you own a Nevada LLC, be sure to file your annual reports and taxes on time. If not, the state may fine you for late filing, which will eat into your profits.

If you’re considering an LLC in Nevada, you should consider filing it online, preferably through the state’s SilverFlume Business Portal. Alternatively, you can file the documents in person by fax, email, or standard postal mail. The Nevada State Office of Business Formation has an online filing system that allows you to complete the forms without a legal professional’s help. It is recommended to fill out the forms beforehand to ensure the information you submit will be sent promptly.

The tax structure of an LLC varies from one state to another. A corporation is a very large business with many shareholders. An LLC can be registered as a partnership or as a sole proprietorship. The state will tax each member according to their share of the partnership’s income and loss. For LLCs with multiple members, the tax structure is the same as that of a partnership. Moreover, an LLC can be taxed in Nevada as a corporation if its owners have no shareholders.

FAQ

Which Type of Corporation has double taxation?

C-Corporation. It taxes the dividends of the shareholders at the corporate level as well as at an individual level.

Why is an LLC called a pass-through business entity?

An LLC is often referred to as the pass-through entity because the income or the assets pass through the members or owners of the LLC.

What is the default classification of the LLC?

The LLCs have two default classifications. It can be termed as a single-member LLC or a multi-member LLC.

What should be taken into consideration while changing the default classification of the LLC?

When choosing a different classification for taxation, it is essential to understand the liabilities & taxes applicable in that classification.

In Conclusion

Every Tax classification has its own set of benefits & restrictions. Every state will have different taxation rules for each of the categories of business corporations. Depending on the objective of formation of the business entity (Eg. To avoid dual Taxation- one can choose S Corporation, for more flexibility, one can choose the LLC format). It is essential to understand the taxing structure of each country & each Classification; to decide how you wish to treat your LLC.

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