A limited liability company in general does not have to pay any business taxes. When we talk about the classification of LLC taxes in Washington State, 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 Washington State LLC and related aspects.
On this page, you’ll learn about the following:
- Classification of Washington State LLC Taxes
- LLC Taxes to be Paid in Washington
- Default LLC Tax Classification Rules
- Options to Change Default Tax Classification
- Choosing a Classification for Your LLC
- Classification of LLC Taxes – At a Glance
Classification of Washington State 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:
- 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.
- Federal Tax Identification Number – An LLC with employees must obtain a Federal Tax Identification Number. Washington State does not have a separate State Tax Identification number.
- State Employer Taxes – If an LLC has employees on the payroll, it must pay state employer taxes in Washington State. These taxes are handled through Washington State Workforce Commission.
- Franchise Tax Report – In Washington State, the LLCs do not pay any Franchise Tax or file a Franchise Tax Report,
Federal Tax Classifications
When LLCs was 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 Washington
Any LLC operating business within the state boundaries of Washington is required to pay the following types of taxes, based on the Washington classification of LLC taxes:
State Income Tax
Washington is one of nine states that does not have an income tax.
State Retail Sales Tax
In general, retail sales tax applies to all sales of merchandise to consumers. Certain services, such as payments by abstract, title insurance, escrow, and credit bureau firms, including tenant screening services, are subject to retail sales tax. Retail sales tax must be collected by sellers. If no retail sales tax has been collected, the in-state consumer must pay use tax. The current retail sales tax rate in Washington is 6.5 percent, although it may differ based on your location, county, or city.
State Use Tax
Use tax is applied when the items are first used in Washington. It is based on the purchase price of the products and includes any freight, delivery, or shipping fees paid to the vendor. The rates are identical to those of the retail sales tax.
State Business & Occupation Tax
The state business and occupation (B&O) tax apply to almost all firms in Washington. This covers nonprofit and for-profit firms organized as corporations, limited liability companies (LLCs), partnerships, and sole proprietorships. The B&O tax is based on gross income from commercial activity. It is charged at the rate of 1.5% of gross receipts.
Federal Self-employment Tax
The Federal Self-Employment Tax is payable by each member or administrator of an LLC based in the state of Washington who earns a profit. Each partner’s or manager’s profits are subject to the federal self-employment tax. Washington has a 15.3% federal self-employment tax. You can calculate the Self-Employment Tax your LLC owes in order to deduct your LLC’s expenses from the money earned.
Federal Income Tax
Federal income tax is paid on all sorts of earnings made from your LLC. It is based on your income, rate at which you are taxed, reductions, and filing status. Only the gains you take out of the company are subject to federal income tax, with various exemptions and deductions. This covers, among other things, tax-free salary, company costs, and various medicare and retirement plan exemptions.
Employer & Employee Tax
Any LLC with working staff on the payroll is required to pay a variety of taxes that apply to all employees. Employee and employer tax effects are distinct from those of the other types. For example, at the time of receiving a payout, all working staff of an LLC must collect and withhold the Payroll tax. Whether you have withheld the federal tax or not, each employee is required to file a separate tax return.
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. Washington State 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 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:
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.
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.
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.
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 Washington State.
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.
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 Washington State 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 Washington 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||LLC||S- Corporation||C-Corporation||Sole Proprietorship|
|Taxation||As 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 Taxation||The LLC does not have Double Taxation||There 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 Tax||The 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/Loss||An 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 Washington
Any LLC operating in Washington is liable to pay 2 kinds of taxes- state taxes as well as federal taxes.
If you are planning to form an LLC in Washington, you should understand that it must pay state and federal taxes. This is done to pay for public services in the state. In addition, local taxes must be paid to the county in which you operate. This tax is different for every county in the state, and you should discuss this with an accountant before forming your LLC.
The Washington state Department of Revenue offers many benefits for LLCs, including Flow-Through Taxation, which helps individual members avoid paying corporate taxes. Additionally, you may qualify for over 50 different tax incentives through the state, including deductions, credits, sales tax deferrals, and loans.
Depending on the state’s rules, you may be able to deduct expenses related to your LLC, such as the cost of setting up your business. You may also be able to deduct certain capital expenses related to your LLC. However, if you plan to offer any type of benefit to your employees, you may need to pay taxes for those benefits.
When forming a Washington LLC, you’ll need to register it with the state’s Department of Revenue (DOR). To do this, you can either use the Business Licensing Services website to register or fill out the BLS-700-028 form. In addition, you’ll have to file periodic sales tax returns with the DOR.
When forming an LLC, it’s important to choose a name that is unique and doesn’t already exist in the state. Washington’s Secretary of State website provides a list of available names. However, make sure that the name you choose doesn’t contain words that are restricted. You may need to submit additional licenses or documentation to use a restricted word.
It’s important to consider when and how you’ll pay taxes to your LLC. There are different tax deadlines that you’ll have to meet. Using professional help with tax filing will reduce the burden. You may want to consider hiring a CPA or tax advisor to help you with these processes.
In general, an LLC pays taxes to the state and federal government. The state taxation rules for an LLC are different than those for a C-Corporation. In Washington, LLCs can be considered a pass-through entity. The income generated by the LLC flows through to the members.
LLCs in Washington must file an annual report, also called an annual renewal, online. The first annual report must be filed within 120 days from the date it was created. Subsequent annual reports are due according to the deadlines set by the Secretary of State. A notice will be sent to the LLC 45 days before the annual report is due. The filing fee for the annual report is $71 and includes a convenience fee.
Washington LLCs pay a state business and occupation tax, which is applicable to gross receipts. This tax is paid to the state’s Department of Revenue.
C-Corporation. It taxes the dividends of the shareholders at the corporate level as well as at an individual level.
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.
The LLCs have two default classifications. It can be termed as a single-member LLC or a multi-member LLC.
When choosing a different classification for taxation, it is essential to understand the liabilities & taxes applicable in that classification.
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.