Question

Do I have to elect S-Corp election as a single member LLC if I pay myself payroll?

Forum|Forum|5 years ago
March 14, 2021
1 reply
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I have a business that is filed under a single member llc with an EIN that pays me (employee) a w2 to my personal account. The business files 941 forms quarterly. Does the business have to elect an S-Corp filing Or is there another option?

Not A Product Question

A

Anonymous_

As a single-member LLC without an election to be treated as a corporation (S or C), the LLC is a disregarded entity and, as that single member, you cannot pay yourself a salary (or otherwise put yourself on the payroll).

It is generally too late to make the election at this point for last year, but there is relief for late elections (see the link below).

https://www.irs.gov/instructions/i2553#idm139855003794080