The Interconnectedness of LLCs: Navigating Taxation and Asset Protection in a Partnership Structure

If you are a Limited Liability Company (LLC) with two or more members, you are considered a Partnership in the eyes of the Internal Revenue Service (IRS) and must file a 1065 Partnership tax return. Additionally, if you are a foreign grantor trust, you must also complete the necessary tax filings pursuant to the Internal Revenue Code (IRC).

In this guide, we will walk you through the process of completing your taxes as an LLC with two or more members, using a Partnership tax return. We will also discuss the importance of structuring your organization to protect your assets.

Step 1: Gather Necessary Information Before you begin the process of filing your taxes, it is important to gather all necessary information. This includes:

The name, address, and Tax ID number of your LLC.
The name, address, and Social Security number or Tax ID number of each member of your LLC.
Any foreign grantor trust documentation.
Any relevant financial statements or reports.

Step 2: Prepare Your 1065 Partnership Tax Return Once you have gathered all necessary information, you can begin to prepare your 1065 Partnership tax return. This can be done using tax preparation software or by working with a tax professional.

The 1065 Partnership tax return is used to report the income, deductions, gains, and losses of the LLC. Each member’s share of the income, deductions, gains, and losses is then reported on their individual tax return.

Step 3: Complete Your Foreign Grantor Trust Taxes If your LLC is also considered a foreign grantor trust, you must complete the necessary tax filings pursuant to the IRC. This includes filing a Form 1040NR or 1040NR-EZ for each member of the LLC who is not a U.S. citizen or resident.

Step 4: Structure Your Organization to Protect Assets It is important to structure your LLC in a way that protects the assets of each member. One way to do this is to ensure that each member is also an LLC, corporation, or foundation.

By doing so, each member’s assets are protected in the event of a lawsuit or other legal action against the LLC. Additionally, structuring your LLC in this way can provide tax benefits and make it easier to raise capital.

In conclusion, completing your taxes as an LLC with two or more members using a Partnership tax return can seem daunting, but with the right information and preparation, it can be a straightforward process. Additionally, structuring your organization in a way that protects your assets can provide additional benefits beyond tax compliance. As always, consulting with a tax professional is recommended to ensure that you are meeting all necessary tax obligations.

“Limited Liability Company (LLC)” Internal Revenue Service, 26 May 2021, https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc.
“Partnerships” Internal Revenue Service, 2 Nov. 2021, https://www.irs.gov/businesses/partnerships.
“Form 1065: U.S. Return of Partnership Income” Internal Revenue Service, 16 Aug. 2021, https://www.irs.gov/forms-pubs/about-form-1065.
“Foreign Grantor Trusts” Internal Revenue Service, 29 Jul. 2021, https://www.irs.gov/businesses/international-businesses/foreign-grantor-trusts.
“LLC vs Corporation: Which Should I Choose for My Business?” Incfile, 16 Feb. 2021, https://www.incfile.com/blog/post/llc-vs-corporation-which-should-i-choose-for-my-business/.
“How to Start a Nonprofit Organization: A Step-by-Step Guide” Harbor Compliance, https://www.harborcompliance.com/information/how-to-start-a-nonprofit-organization.
“Why Choose a Foundation over a Private Company?” Geneva Management Group, 1 May 2017, https://www.geneva-management.com/news-insight/why-choose-a-foundation-over-a-private-company/.
“LLCs, Partnerships, and Corporations” Nolo, https://www.nolo.com/legal-encyclopedia/llcs-partnerships-corporations.
“How to Protect Your Business and Personal Assets” The Balance Small Business, 1 Nov. 2021, https://www.thebalancesmb.com/how-to-protect-your-business-and-personal-assets-395972.
“How to Choose the Right Legal Structure for Your Business” Forbes, 23 Apr. 2019, https://www.forbes.com/sites/allbusiness/2019/04/23/how-to-choose-the-right-legal-structure-for-your-business/?sh=1ff53c1069d2.