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A disregarded entity is a business entity that is separate from the owner for liability reasons but not for federal income tax purposes.
Pass-through taxation: The business does not pay corporate taxes at the entity level; instead, profits and losses are passed through to the owner's personal tax return.
Simplified tax filing: Disregarded entities typically have simpler tax filing requirements because the IRS looks to the owner for tax filings, and the entity itself does not have to file separately.
Limited liability: Despite not being regarded for tax purposes, a disregarded entity still offers liability protection to the business owner. This means that the owner's personal assets are protected in case of legal issues.
Additional taxes: While tax filings may be simpler for disregarded entities, there may be additional taxes for the business owner to consider, such as self-employment taxes, employment taxes, and excise taxes.
Employment requirements: If the business has employees, the owner will need to obtain an Employer Identification Number (EIN) and comply with additional employment-related costs and requirements, such as payroll taxes and providing W-2 forms to employees.
Types of businesses that can be structured as disregarded entities include Single Member Limited Liability Companies (SMLLCs), qualified REIT subsidies, and qualified subchapter S subsidiaries. SMLLCs are the most common type of disregarded entity and are automatically considered as such by the IRS unless otherwise requested. As a business grows, the owner can request changes to become a sole proprietorship, S-Corporation, or C-Corporation.