New Hampshire LLC Tax Structure – Classification of LLC Taxes To Be Paid


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A limited liability company in general does not have to pay any business taxes. When we talk about the classification of LLC taxes in New Hampshire, we know that it is a pass-through taxation structure. Typically, the profit LLC makes passes through the LLC to its members. Based on the profit share, members file their income tax returns. LLCs, unlike other corporations, do not have to pay income taxes based on profit or revenue.

IRS (Internal Revenue Service) allows LLCs to choose their preferable classification of tax at the beginning of the LLC formation. In general, a single-member LLC is taxed as a sole proprietor and a multi-member LLC is taxed as a partnership. As there is no fixed tax structure for LLCs, anyone certainly wants to opt for the most beneficial one. Keep reading till the end to know more about the tax structure of a New Hampshire LLC and related aspects.

Classification of New Hampshire LLC Taxes

An LLC is considered a Pass-through Entity because it allows the income to pass through & become self-employment income. The members of the LLC have to pay Self-employment tax or Self-Employment Taxes on any income they earn through the LLC. The LLC has to pay Franchise Tax on its income. In addition to the Self-employment tax, there are some other requirements that an LLC has to consider, such as:

  1. Franchise Tax – Franchise tax applies to or levies upon LLCs, C-corporations, & S-corporations. Sole Proprietorship & Partnerships (directly owned by individuals) are exempted from the Franchise Tax. This tax is to be paid with the office of the Comptroller of Public Accounts.
  2. Federal Tax Identification Number – An LLC with employees must obtain a Federal Tax Identification Number. New Hampshire does not have a separate State Tax Identification number.
  3. State Employer Taxes – If an LLC has employees on the payroll, it must pay state employer taxes in New Hampshire. These taxes are handled through New Hampshire Workforce Commission.
  4. Franchise Tax Report – In New Hampshire, the LLCs do not file a Franchise Tax Report. LLCs in New Hampshire file the Annual Report that reflexes all the information regarding the LLC.

Federal Tax Classifications

When LLCs were recognized as one of the types of Business Corporations, IRS did not create a new tax classification just for the LLC. LLCs were allowed to choose from the current tax classifications.

LLC Taxes to be Paid in New Hampshire

In the state of New Hampshire an LLC has to pay two types of taxes to the state Department of Revenue:

  • State Interest & Dividends Tax
  • Business Profits Tax

Unlike most other states in the US, New Hampshire does not have a Sales Tax or State Income Tax.

State Interest & Dividends Tax

One has to pay income tax on any money you pay to yourself as a business owner. In New Hampshire there is no state income tax, instead, you’ll be taxed a percentage on any interest and dividends income. The State Interest & Dividends tax rate in New Hampshire is 5%.

Business Profits Tax

If your LLC generates less than $50,000 in gross revenue in a tax year, then you’ll not be required to file for business profit tax. The Business Profit Rate in New Hampshire is 7.7% currently.

Federal Taxes 

An LLC is commonly treated as a pass-through entity for federal income tax. This states that the LLC itself is not bound to pay taxes on business income. Instead the members of the LLC pay taxes on their share of the LLC’s profits. An LLC employee has to pay two kinds of Federal Taxes. Those are:

Federal Self-Employment Tax

Every member or manager of the New Hampshire LLC earning profit out of the LLC has to pay the Federal Self-Employment Tax (also known as the Social Security or Medicare Tax), administered by the Federal Insurance Contributions Act (FICA).

The Federal Self-Employment Tax applies to all the earnings of an LLC member or manager. The Federal Self-Employment Tax rate in New Hampshire is 15.3%. Both the employer and the employee withhold 7.65% of their taxable wages, which results in the current federal tax rate of 15.3%. To deduct your LLC’s expenses from the income earned, you must calculate the Self-Employment Tax your LLC owes.

Federal Income Tax 

Like State Income Tax, this tax also applies to the earnings you make in your LLC. The Federal Income Tax Rate is subject to the earnings you make, the type of your LLC’s industry, the current income tax bracket that is applicable, deductions applicable, and filing status. One only pays Federal income tax on profits you take out of the business, allowances, and less certain deductions.

Employee & Employer Taxes 

Any LLC that has employees has to pay different kinds of taxes that are applicable to all the employees. The federal employer tax starts with obtaining a federal employer identification number. The Employee & employer tax implications are different from all the other types mentioned above. Irrespective of whether you withhold the Federal Tax or not, each employee has to file an individual Tax return.

Default LLC Tax Classification Rules

By default, the LLCs are categorized as below (In both the categories, separate filing of income is not required):

Disregarded Entity (Single-Member LLC)  

A single-member LLC is usually disregarded from the taxes. Hence a single-member LLC is also called a disregarded entity. Under the U.S. tax law, it is assumed that a single-member LLC is owned by an individual (& not by another LLC), so the U.S. tax law levies rules on it as a Sole Proprietor. Single-member LLC’s owner (Sole Proprietor) has to report all the income of the LLC via his own income tax return.

Sole Proprietorship Taxes

As mentioned earlier, the single owner of the LLC is treated as the Sole proprietor of the LLC & has to file the Self-Employment Tax on all of the LLC’s earnings. New Hampshire does not levy State Income Tax, so a single-member LLC must file only the Federal Income Tax.

Partnership (Multi-Member LLC)

Any LLC with more than one owner is referred to as Multi- Member LLC & it is taxed as a partnership by default. Similar to the Single Owner or Single Member LLC, this LLC is also a pass-through entity. This means that the income of the LLC passes through the income of the members & they have to file taxes through their own earnings.

Partnership Taxes

Partnership or Multi-Member LLC has to pay taxes similar to the Single Member LLC. If the Partnership LLC is directly owned by individuals, it is exempted from the Franchise Tax. All the members of the Multi-Member LLC are liable to pay Self-Employment Tax & Federal Income Tax.

Options to Change Default Tax Classification

The LLCs are categorized either as sole proprietorships or as partnerships, depending on the number of members the LLC has. This is the default tax classification applicable to LLCs. However, the LLCs have an option of changing the default classification & opting to register under the following categories for taxation purposes:

C-Corporation

An LLC can prefer to be treated as a C-corporation by filing form 8832 (the Entity Classification Election Form) with the IRS. The C-corporation is a regular corporation that is subject to corporate taxes & it is not a pass-through entity. 

C-corporation Taxes

An LLC taxed as a C-Corporation is not a pass-through entity. In a C-corporation, the members/shareholders/ owners are taxed separately. The shareholders of the C-corporation are taxed twice on the dividends that they earn. The dividends of the shareholders are taxed at the corporate level – with a Corporate Tax filed with Form 1120 & at a Shareholder level – an Income Tax filed with Form 1040. Shareholders are subjected to Federal Income Tax.

S-Corporation

The S-Corporation is the most common type of corporate structure used by small businesses. It was created to provide corporations with limited liability protection while maintaining the benefits of being a separate legal entity. An LLC can prefer to be treated as S-Corporation by filing Form 2553. S-corporations are small business corporations, that choose to pass through the corporate income, losses, deductions, & credits to the shareholders for the purposes of Federal Taxes.

S-corporation Taxes

An S-Corporation is similar to an LLC except that it is treated by the IRS as a corporation for tax purposes. S-Corps do pay corporate income taxes; however, they are still considered disregarded entities for federal tax purposes.

Like an LLC, an S-Corp reports its annual earnings on a separate Schedule E on the member’s personal account. An S-Corp is treated by the IRS much like a partnership for tax purposes. Unlike Partnership, in S Corporation,  the shareholders are required to pay Federal Self Income tax on their share of the company’s profits.

Choosing a Classification for Your LLC

In terms of owners’ protection against liability, perpetual existence, & savings in Taxation, Both LLCs (Limited Liability Companies) & Corporations are very much alike. However, with regard to formalities, Taxation, & capital, LLCs & Corporations differ in New Hampshire. 

Liabilities

Both LLCs and Corporations provide liability protection to their owners. The LLC provides protection against inside liability (towards the employee) & outside liability (towards the creditor). The Corporation usually provides only the inside liability. 

Tax Classification Flexibility

For taxation purposes, an LLC has a choice of being treated as a sole proprietorship, Partnership or C-corporation or S-corporation. A corporation can choose to be treated only as C or S Corporation.

Taxation

As mentioned earlier, the LLC can choose to be treated as a corporation; the Corporation does not have the option of being treated as the LLC. A New Hampshire LLC is subjected to Franchise tax, Federal Income Tax, Sales & Use Taxes & State Employment Taxes (for LLCs that have employees)

A regular corporation or a C- Corporation is subjected to corporate tax, which can be filed through Form 1120 every year. The shareholders have to pay the Income-tax, only when they receive dividends from the Corporation. These dividends are taxed twice at the corporate level (on a corporate form)& at the shareholder level (on shareholder form).

An S- Corporation in LLC is not subjected to corporate taxes. But the shareholders are subjected to Taxation – even if they do not receive any dividends. A member of a New Hampshire S-corporation has to pay Federal Self employment Tax only on his salary; any other profits that he makes through the LLC are not subject to the 15.3% Self Employment Tax.

Classification of LLC Taxes – At a Glance

Points of Difference             LLCS- CorporationC-CorporationSole Proprietorship 
TaxationAs an LLC, by default, there is no tax levied at the entity level. The members’ income or even the loss is passed through to members or owners.  Similar to LLC, no tax is levied on an S-Corporation at the entity level. The members’ income or even the loss is passed through to members or owners.  The C-Corporation is often taxed at the entity level. The Dividends are taxed at the shareholders’ level.The Sole- proprietorship as an entity is not taxable. The Sole Proprietor pays taxes as an Individual.
Double TaxationThe LLC does not have Double TaxationThere is no Double Taxation in S-Corporation There is Double Taxation in C-Corporation, only when the Shareholders earn in the form of dividends.No Double Taxation in a sole proprietorship.
Self Employment TaxThe net income of the members or owners is subject to self-employment tax. The salaries of the shareholder are subject to self-employment tax, but any other profits that the shareholder makes are not subject to the employment tax.The C-Corporation is subject to self-employment tax.The Sole-proprietorship is subject to self-employment tax
Pass-Through Income/LossAn LLC is often referred to as a Pass-through entity because its income passes through/ passes to its members. Yes, An S Corporation is a Pass-through Entity.No, A C-Corporation is not a Pass-through Entity.Yes, A Sole-proprietorship is a Pass-through Entity.

How Do LLCs Pay Taxes in New Hampshire

Any LLC operating in New Hampshire is liable to pay 2 kinds of taxes- state taxes as well as federal taxes.

If you are starting a new business in New Hampshire, there are several aspects of tax law that you need to take into account. Although New Hampshire does not have a state sales tax, the state does have two types of taxes that you need to pay on a regular basis. One of these taxes is the “business enterprise tax,” which is a tax paid on the business’ enterprise value tax base. Another is the Franchise Tax, which is a tax imposed on C-corporations, S corporations, and LLCs.

There are also taxes on certain industries, such as restaurants, hotels, and car dealerships. These special taxes are designed to cover costs and increase revenues. While each tax has its own advantages, there are also limitations. In the case of the business enterprise tax, for example, you will only have to pay it if your total personal income is above a certain amount.

For example, New Hampshire has no state-level income tax. However, it does tax LLCs on the interest and dividends that they generate. The state also charges a business profit tax, which applies to all forms of business in the state. As a result, you might be required to make quarterly payments to the Department of Revenue Administration. This tax is also administered by the state’s work force commission.

Other aspects of tax law in New Hampshire that you may encounter include obtaining an EIN (employer identification number) and filing an annual report. An EIN is a nine-digit number assigned by the Internal Revenue Service. You can get one on your own or you can apply for it online.

You can use the state’s website to check whether your proposed business name is available, and you will want to ensure it is unique. Depending on your particular industry, you may have to obtain a license to operate in the state. Some industries, such as car dealerships, require you to apply for a permit to operate.

Although there are no official state-level income or sales tax in New Hampshire, the state does charge an annual report and a business enterprise tax. These taxes will be paid if you are a single member LLC or a multi-member LLC. It is recommended to find out about these types of tax requirements before you begin your business.

The best way to prepare for your tax obligations is to consult a financial planner. He or she will help you choose the most suitable tax structure for your business. Choosing the right one can save you money, keep you compliant, and increase your chances of success. Moreover, the IRS gives you a choice of tax classifications to choose from.

There are many other taxes to consider, especially if you are setting up your LLC for the first time. Your local government may also have its own taxes, such as property taxes. Since local taxes vary from city to city, county to county, and state to state, it’s a good idea to do a bit of research before you open for business.

FAQ

Which Type of Corporation has double taxation?

C-Corporation. It taxes the dividends of the shareholders at the corporate level as well as at an individual level.

Why is an LLC called a pass-through business entity?

An LLC is often referred to as the pass-through entity because the income or the assets pass through the members or owners of the LLC.

What is the default classification of the LLC?

The LLCs have two default classifications. It can be termed as a single-member LLC or a multi-member LLC.

What should be taken into consideration while changing the default classification of the LLC?

When choosing a different classification for taxation, it is essential to understand the liabilities & taxes applicable in that classification.

In Conclusion

Every Tax classification has its own set of benefits & restrictions. Every state will have different taxation rules for each of the categories of business corporations. Depending on the objective of formation of the business entity (Eg. To avoid dual Taxation- one can choose S Corporation, for more flexibility, one can choose the LLC format). It is essential to understand the taxing structure of each country & each Classification; to decide how you wish to treat your LLC.

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