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As an LLC what forms do I use to file a Tax Return?

The form you use will depend on what kind of entity your business is for Federal tax purposes. Following are some general guidelines and the forms which go with each entity:

1. If your business has only one owner, it will automatically be considered to be a sole proprietorship unless an election is made to be treated as a corporation. A sole proprietorship files Form 1040, U.S. Individual Income Tax Return and will include Form 1040, SCHEDULE C, Profit or Loss from Business. If an election is made to be treated as a corporation, Form 1120, U.S. Corporation income Tax Return, is filed.

2. If your business has two or more owners, it will automatically be considered to be a partnership unless an election is made to be treated as a corporation. A partnership files Form 1065, U.S. Partnership Return of Income. If an election is made to be treated as a corporation, Form 1120, U.S. Corporation Income Tax Return, is filed.

The election referred to is made by filing Form 8832, Entity Classification Election.