Depending on elections made by the LLC and the number of members, the IRS will treat an LLC as either a corporation, partnership, or as part of the LLC’s owner’s tax return (a “disregarded entity”). Specifically, a domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation. For income tax purposes, an LLC with only one member is treated as an entity disregarded as separate from its owner, unless it files Form 8832 and elects to be treated as a corporation. However, for purposes of employment tax and certain excise taxes, an LLC with only one member is still considered a separate entity.
Banking Since it's required to keep your business finances separate from your personal finances, you'll need a business checking account. Banks usually charge a number of different fees and monthly expenses for these types of accounts. Also, If a check is made out to your LLC, then it is required to be deposited into a business bank account and cannot just be cashed. And some banks might charge extra for this type of deposit.
Please do not place your social security number on filing or other documents you submit to the Secretary of State. Although we attempt to prevent disclosure of social security numbers, due to the large number of documents filed, we cannot guarantee that a social security number placed on a document will not be disclosed. It is the responsibility of the filer to ensure that a social security number is not contained on the filing.
The governing document of the LLC is called an operating agreement, and it is within this document that the members lay out all important provisions, such as standards for LLC governance, ownership parameters, and rules around member changes (adding or removing members, or what happens in case of death or incapacity of a member). The operating agreement is an internal document and is an agreement amongst the members or owners, which means it is not recorded with the state.
Check to see if your chosen name is available. Before you submit the Articles of Organization, you should check to see if your chosen name is available/acceptable under state law. You can do this by conducting an online search for business names that are already registered with the Department of Financial Institutions using the database provided.
If you received a Notice to File a Business Property Statement from the Assessor and your business is no longer in operation, you are still required to file the Business Property Statement. You should also include a note on the Business Property Statement indicating that the business has closed, so the Assessor does not continue to assess the property.