Is a Single Member LLC Subject to Tennessee Franchise and Excise Tax?

Is a single member LLC subject to Tennessee franchise and excise tax?
A single member limited liability company owned by an S corporation or real estate investment trust (REIT) is disregarded for franchise and excise tax purposes. These entities that are subject to the franchise or excise tax must file their own separate franchise and excise tax return.
Read more on revenue.support.tn.gov

Tennessee is renowned for having low taxes and for being business-friendly. It yet levies some taxes on companies doing business within its borders. The franchise and excise tax is one of these taxes; it is imposed on companies depending on their net worth and apportioned income. But in Tennessee, is this tax due from a single member LLC?

Yes, provided certain requirements are met, a single member LLC is subject to Tennessee franchise and excise tax. An LLC is regarded as a pass-through entity for tax purposes under Tennessee law, which means that the company does not pay taxes on its own income. As an alternative, the income “passes through” to the owner’s individual tax return. The LLC must still submit an annual report to the state and pay franchise and excise taxes based on its apportioned income and net value.

A single member LLC’s obligation to pay franchise and excise tax is determined by a number of elements, such as its net worth, the volume of income it produces, and the apportionment percentage. An LLC’s net value is determined by deducting its obligations from all of its assets. Based on the part of the LLC’s total sales that are made in Tennessee, the income is distributed accordingly.

Small businesses in Tennessee may be subject to additional taxes, such as sales tax, use tax, and company tax, in addition to franchise and excise taxes. Tangible personal property that is purchased outside of Tennessee is subject to use tax rather than sales tax when it is used for business purposes. Based on the type of business and the amount of gross receipts, firms operating in Tennessee are subject to a flat levy known as the business tax. Small businesses in Tennessee are eligible for a few exemptions and exclusions. For instance, businesses with annual gross receipts of less than $3,000 are free from business tax. In addition, certain categories of businesses, including daycare centers and residential care facilities, are free from company tax.

In conclusion, if a single member LLC satisfies specific requirements, Tennessee franchise and excise tax may apply. Small businesses in Tennessee may be subject to additional taxes, such as sales tax, use tax, and company tax, in addition to franchise and excise taxes. Nevertheless, depending on their size and mode of operation, small enterprises may qualify for exemptions and exclusions. To make sure they are in compliance with both state and federal tax rules, it is crucial for business owners to speak with a tax expert.

FAQ
Regarding this, does tennessee have a pass through entity tax?

Yes, there is a pass-through entity tax in Tennessee. It’s crucial to remember that the franchise and excise taxes are independent from the pass-through entity tax. The pass-through entity tax, which is paid by the entity itself rather than the individual owners, is a flat 6.5% tax on the taxable income of pass-through businesses including LLCs, partnerships, and S corporations.

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