From forming an LLC, its maintenance, and filing its returns, LLC forms are an unavoidable part in running an LLC. This guide is set up to explain all kinds of forms that you may be asked to fill throughout the life of your LLC.
Articles of Organization
Articles of the organization are the form that officially kickstarts the process of registration of your LLC. It comes with many other names as the certificate of formation, certificate of organization, etc. This form contains all the necessary information regarding the ownership, whereabouts, registered agent, etc.
It is an elementary form to fill and does not require any special effort or understanding of the legalese. The template given above is an essential depiction of articles of organization, and while it may vary from state to state, the basic idea and requirements are the same in every state.
LLC Resolution Form
An LLC resolution form is a form that describes all the management and decision-making processes of a limited liability company.
While states generally don’t require LLCs to submit a resolution form, it is highly beneficial for the corporate records. A resolution form doesn’t have to be complicated, mainly because it is not a legal requirement.
However, it has to be concise to make sure that only essential information is written on it. Not having to submit regular resolutions is one of the main advantages that an LLC has to offer compared to a corporation.
W9 Form For An LLC
Filing the W9 form for your LLC is critical because it is your only direct taxation filing form. A W9 form for LLC is used to report debt cancelation, mortgage interest income, and all other kinds of non-employee income to the IRS.
While it is a straightforward form to fill, due care is always advised. It is because, if there is any misreporting, your LLC could face possible complications from IRS.
In addition, it is more critical considering that IRS does not recognize an LLC as a separate entity for taxation, and it is all on LLC to choose the way it wants to be taxed.
If your LLC is a single-member LLC, your default taxation will be as a disregarded entity unless you choose to be taxed as a corporation.
As a disregarded entity, you will report the profits and losses of your business along with your taxes. In a case where you receive form 1099 for the incoming coming from your LLC, you will have to fill out a W9 form of the payer.
How To Fill A W9 Form Correctly?
When you are filing a W9 form for your LLC, you can check the box under your LLC’s name if your LLC is taxed as a C Corp or S Corp. It will make sure that you are filing all the correct tax details for your LLC.
However, suppose you have chosen to be taxed as an S corporation. In that case, you will undoubtedly be in the line for many taxation advantages for your LLC, including but not limited to avoiding double taxation.
Down here are the steps listed to fill your W9 form correctly:
- On the first two lines of the form, enter your and your LLC’s full name, as per official documents.
- Below the name, check the box for the tax classification of your LLC. If you are being taxed as a disregarded entity, you must make sure that you don’t tick the “LLC” box for taxation. Instead, choose the individual or sole proprietorship part.
- If your LLC has employees and it has its registered EIN, you should put it on your W9 form. However, if your LLC does not have employees and you don’t have an EIN, your SSN will do.
- After you’re done with all of this, the last part is writing the address of your LLC and confirming the information you have put on the form. Confirmations will make sure that you have placed the right EIN/SSN, address, name, and that if you’re a U.S. citizen or not.
IRS Form 1065
Form 1065 is also known as the U.S. Return of Partnership Income. It is primarily an informational tax form used to report the income, deductions, gains, losses, credits, and all other applicable information concerning a partnership.
This form reports the information mentioned above to the internal revenue services, and no tax is calculated from or paid on it. Instead, the individual tax liability is passed through to the members of the partnership, who then have to pay taxes on the income based on their returns.
Since it is only valid for partnerships, for LLCs, it is only required by LLCs that have elected to be taxed as partnerships. But, again, it is essential to understand that this form is only filled on behalf of the business and not on the individuals.
Where To Find Form 1065 & How To Fill It In
If your LLC is being taxed as a partnership, you will need form 1065, but where can you find it, and how to file it?
You can find form 1065 on the IRS website and can complete it online. Furthermore, you also have an option to download the form, fill it manually, and then mail it to the IRS address.
Additionally, if you can’t find the form 1065 online on the IRS website, you can go to the IRS order page and request it online from the IRS, and they will mail it to you.
As discussed earlier, you can fill the form online or download it, fill it manually, and then mail it to your state’s IRS address, but there is an exception.
If your partnership has more than 100 members in it, you can only fill the form online, as you will not have an option to fill your form 1065 manually.
Form 1065 is generally a 5-page document, and it will require information from a variety of your LLC partnership documents, as well as from other IRS forms, like your LLC’s W9 form, etc.
However, of all the tax forms that you and your LLC may be responsible for filing for, form 1065 is probably the most crucial, as there are several moving parts in it, and it fetches information from almost all other forms that you file for your LLC.
You can follow the guidelines given on the form to fill it. However, due to this form’s complexity, it is always a brilliant idea to either invest in tax software or get help from a tax professional to fill out your official LLC partnership form without any errors and omissions.
Frequently Asked Questions
In this section, I’ve covered some of the most frequently asked questions about various forms related to LLC’s:
- Who can sign a W9 for an LLC?
To begin with, the person who is signing a W9 form for an LLC must be a U.S. citizen. Furthermore, the person signing a W9 form must have oral or implied consent of the organization for which the form is being signed. If the person is missing out on any of these requirements, the signature will be considered void.
- Does each partner of an LLC need to file 1065?
Only one 1065 form is required per LLC that is being taxed as a partnership. However, each member of the LLC must file their Schedule K-1 file along with the 1065 tax form and their tax returns.
- How do you write a resolution for an LLC?
LLC resolutions generally include the place, date, and time of the meeting, the members present, and the nature of resolutions to discuss. These are all put in an LLC resolution form to keep the record straight and any future concerns.
- Does an LLC get 1099?
It all depends upon how an LLC has chosen to be taxed. If an LLC has chosen to be taxed as a corporation, there will be no form 1099. However, for all other kinds of business entities registered as LLCs, form 1099 will be mandatory.