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Glossary

Single-member LLC

Also known as: SMLLC

entity

A US limited liability company with exactly one member (owner). By default taxed as a disregarded entity for US federal income tax; this is the entity type most non-US founders use when operating a US company.

Full entry

Formation state

Delaware is the most common formation state for founders coming from outside the US, followed by Wyoming. Each state has its own annual tax or report; the US federal 5472 obligation is the same regardless of formation state.

Default tax treatment

A single-member LLC is a disregarded entity by default. It has no separate US federal income tax return (no 1120, no 1065). The owner reports the LLC’s income on their own return.

What changes for a foreign-owner SMLLC

See the 5472 entry. The LLC becomes a corporation for information-filing purposes and files 5472 attached to a pro-forma 1120.

Electing out of default

An SMLLC can elect to be taxed as a corporation by filing Form 8832. This is rarely useful for a non-US founder of a passive LLC, but it does come up — and it changes what you file every year.

See also: disregarded entity, multi-member LLC, Form 8832.

This is not tax advice. See the disclaimer.

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