LLC Member Types & Tax Classifications: What You Need to Know

When you form an LLC (Limited Liability Company), one of the first choices you make is who will be a member (owner). That choice affects how your LLC is taxed, the forms you file, and even how you can change your tax status in the future.

At SimpleCorp, we help business owners make these decisions the right way from the start — and avoid costly mistakes later. Here’s what you need to know.


Step 1: Understanding “Members” in an LLC

An LLC member is simply an owner.

  • Single-member LLC → You’re the only owner.

  • Multi-member LLC → You have two or more owners.

  • All members actively involved → Everyone participates in running the business.

  • Some members passive → Some owners invest money but don’t help run the company.

💡 Tip: The IRS doesn’t care about “active” or “passive” when you first form your LLC — but it does care about how many members you have.

Step 2: How Member Count Affects Tax Classification

By default, the IRS uses member count to decide how your LLC is taxed:

LLC Type Default IRS Classification Tax Forms Filed
Single-member LLC Disregarded Entity (taxed like a sole proprietorship) Schedule C with your personal tax return
Multi-member LLC Partnership Form 1065 (partnership return)
LLC electing corporate tax status C Corporation Form 1120
LLC electing S Corporation status S Corporation Form 1120-S


In plain terms:

  • A single-member LLC is treated like you and the business are one for taxes.

  • A multi-member LLC is treated like a partnership.

  • You can choose corporate or S corporation status if it’s better for your situation.

Step 3: Changing Your Tax Classification

Here’s where Form 8832 and Form 2553 come in:

  1. Form 8832 – Entity Classification Election

    • Use this to tell the IRS you want your LLC taxed as a C Corporation instead of the default.

    • You can also use it to change from C Corporation back to partnership/sole prop classification.

  2. Form 2553 – Election by a Small Business Corporation

    • Use this to have your LLC taxed as an S Corporation.

    • You must meet S Corp rules (100 or fewer shareholders, all U.S. citizens or residents, one class of stock, etc.).

Example:

  • You start as a single-member LLC (default: disregarded entity).

  • Your profits grow, and you want to save on self-employment taxes.

  • You file Form 2553 to be taxed as an S Corporation starting next year.

Step 4: Why You Might Change Your Status

  • Lower taxes: S Corps can reduce self-employment tax if structured correctly.

  • Business growth: Investors may prefer corporate tax status.

  • Flexibility: Certain industries or contracts may require a specific tax classification.

💡 Pro Tip from SimpleCorp: Always talk to a CPA before making a change — it can save you thousands in taxes or prevent you from making a costly mistake.

Step 5: FAQs

Q: Can I start as a single-member LLC and add members later?
A: Yes — just update your operating agreement and notify the IRS if your tax classification changes.

Q: Do I need to file Form 8832 and 2553 together?
A: No. Form 8832 is for C Corp election; Form 2553 is for S Corp election. Sometimes you file both if you need to go from LLC → C Corp → S Corp in one step.

Q: Will changing my tax classification affect my liability protection?
A: No — your LLC liability protection comes from state law, not your IRS tax status.

Bottom Line

Choosing the right LLC member setup isn’t just about ownership — it sets the stage for how your business will be taxed and what IRS forms you’ll file. The good news? You can change your classification later using the right forms.

At SimpleCorp, we guide you from LLC setup to EIN to the right tax classification for your goals — and we handle the paperwork for you.

📌 Next Step: Start your LLC with SimpleCorp →

Next
Next

LLC Annual Tax in California: What You Need to Know