Self-Employment Taxes for Owners of Single-Member LLCs

Owners of a single-member LLC are not employees and instead must pay self-employment tax on their earnings.

By , Attorney
Need Professional Help? Talk to a Business Law Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Protect Your Business

Create your LLC with Nolo

As the owner of a single-member limited liability company (SMLLC) (with the default tax classification of disregarded entity), you are not considered an employee and income you receive from your company is not considered a salary. Instead, just like a sole proprietor, the IRS considers you to be self-employed, and the income you receive is considered earnings from self-employment. As such, income you receive from your SMLLC is subject to federal self-employment tax.

Self-employment tax is separate from, and in addition to, the tax you pay on your gross income. The federal government taxes most, but not quite all, of a person's income from self-employment. (To be precise, the tax applies to 92.35% of your net earnings from self-employment.) Self-employment income up to an annual specified threshold amount is taxed at a rate of 15.3%. This is comprised of a 12.4% tax for Social Security and a 2.9% tax for Medicare. For earnings from self-employment above the annual ceiling amount, only the 2.9% Medicare tax applies. There is an additional 0.9% Medicare tax that applies for taxpayers whose income exceeds $250,000 if married and filing jointly, or $200,000 if single. For these taxpayers, the effective Medicare tax rate is 3.8%--the standard 2.9% rate plus an extra 0.9%. As a (perhaps minor) consolation, you can deduct half of the amount of your self-employment tax as a business expense, which lowers your overall federal tax bill.

When it's time to file your annual federal tax return, you'll need to include Schedule SE, Self-Employment Tax, with your Form 1040. Schedule SE is the IRS form used to compute and report the amount of your self-employment tax obligation. Some of the information on Schedule SE comes from Schedule C so you'll want to have your Schedule C handy when you work on Schedule SE. Also, keep in mind that if your earnings from self-employment are less than a specified amount and you meet a few other conditions, you can use the short form of Schedule SE.

EXAMPLE: After ten years working as an electrical engineer for a large corporation, Tessa starts a part-time business as an engineering consultant to small tech start-ups. She creates an SMLLC and, in its first year, Tessa's new business earns a $20,000 net profit. When Tessa files her taxes, she includes Schedule SE, which shows $20,000 of self-employment income from her SMLLC. (Under IRS rules, Tessa is required to pay tax on the entire amount of her SMLLC's profit.) She pays 15.3% self-employment tax on that amount ($3,060). She also gets to deduct half the self-employment taxes she paid ($1,530) as a business expense on her Form 1040 which reduces the adjusted gross income she reports for the year (and therefore lowers her overall taxes).

Unless an SMLLC is reclassified as a corporation for tax purposes, it's generally not possible for the owner of an SMLLC to avoid the requirement to pay self-employment taxes. By contrast, under certain conditions, individual members of some multi-member LLCs can avoid self-employment taxes without re-classification. If reducing or avoiding self-employment taxes is extremely important to you, you may want to check into converting your SMLLC to a multi-member LLC with passive members or a non-member manager. You can also check our article on re-classifying your company as an S corporation.

One other point to keep in mind: You don't pay self-employment tax on passive income. The IRS defines just two types of passive activity:

  • trade or business activities in which you do not materially participate during the year; and
  • rental activities, even if you materially participate in them, unless you are a real estate professional.

It would be highly unusual for a person to meet the first definition: Own an SMLLC engaged in trade or business yet not materially participate in those activities.

The second type of passive activity defined by the IRS, however, is often relevant. Many people use SMLLCs in connection with rental property they own. If you've set up an SMLLC for this purpose, you won't need to pay self-employment tax on your rental income. You will, however, need to report any income (or loss) from your rental property using IRS Schedule E, Supplemental Income or Loss. The information on Schedule E ultimately gets carried over to your Form 1040 and is factored into your overall income tax liability.

For information on paying taxes for an SMLLC classified as a corporation with the IRS, or for other SMLLC tax information, check out some of the other tax-related articles in the SMLLC section of this website or pick up Nolo's Guide to Single-Member LLCs by David M. Steingold (Nolo). For more detailed information, try irs.gov—or consult with a tax professional.

Start Your LLC Today

Protect Your Business With Nolo.