What is a Disregarded Entity?

A disregarded entity is a business structure that the IRS does not tax separately from its owner.

What Qualifies as a Disregarded Entity?

The most common example of a disregarded entity is a single-member limited liability company (LLC). The sole owner reports business income and expenses on their personal tax return, commonly on Schedule C for profit or loss from business operations. The owner pays self-employment tax on the entity's net earnings, following a reporting structure similar to that of a sole proprietor.

Why Does a Disregarded Entity Need an EIN?

When a disregarded entity, such as a single-member LLC, is growing and looking to hire employees, the IRS requires the business to obtain an Employer Identification Number for payroll tax purposes. The business owner then files employment taxes, including withholding and remittance, under the LLC's name and EIN rather than the owner's personal Social Security number.

Can a Disregarded Entity Elect Different Tax Treatment?

An LLC owner may change the disregarded entity's federal classification by filing Form 8832 to elect corporate treatment or Form 2553 for S-corporation status. These elections create new payroll compliance reporting requirements for businesses with employees, as the filing obligations shift to align with the new entity structure.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.