Guide · 2026 rules

Single-member LLC: what it is and how it’s taxed

A single-member LLC is a limited liability company with one owner. State law creates it and gives it limited liability. Federal tax law, by default, ignores it and taxes the profit on the owner’s own return. This page explains both sides, and how an LLC compares with simply working as a sole proprietor.

Updated October 24, 20267 official sources

In short

  • An LLC is set up under state law by filing articles of organization. A sole proprietorship needs no filing.
  • An LLC protects your personal assets from the business’s debts and lawsuits in most instances. A sole proprietorship does not.
  • By default the IRS taxes a one-owner LLC like a sole proprietorship: Schedule C and self-employment tax.
  • An LLC can elect to be taxed as an S corporation or a C corporation. A sole proprietorship cannot.

What a single-member LLC is

A limited liability company is a business structure set up under your state’s law. You create one by filing articles of organization with the state: a simple document that describes the basics of the LLC, such as its name, address and registered agent. A single-member LLC has one owner, called its member.

If you do business without registering any structure, you are a sole proprietor automatically. A sole proprietorship is not a separate entity: the business’s assets and debts are yours.

What the LLC protects

The main reason owners form an LLC is liability. In the U.S. Small Business Administration’s words, LLCs “protect you from personal liability in most instances.” Your personal assets, such as your vehicle, house and savings accounts, are not at risk if the LLC faces bankruptcy or a lawsuit. Note the words “in most instances”: the protection comes from state law and has limits.

As a sole proprietor, you can be held personally liable for the debts and obligations of the business.

How the IRS taxes a single-member LLC

The IRS has no tax category called LLC. By default it treats a one-owner LLC as part of its owner for income tax, so the profit goes on Schedule C of your personal return, the same as a sole proprietor’s. You pay self-employment tax on that profit: 15.3% on 92.35% of it.

For employment taxes, the IRS treats the LLC as separate from you. That matters once the business has an employee, and after an S election you are one.

An LLC can change its federal tax treatment. It can elect to be taxed as a C corporation on Form 8832, or elect S status on Form 2553. The election changes the tax, not the LLC your state set up. LLC vs. S corp explains the S election, and S corp vs. C corp compares the two corporate treatments.

Single-member LLC vs. sole proprietorship

Sole proprietorshipSingle-member LLC
How it startsAutomatically, when you do business without registering a structureYou file articles of organization with your state
Personal liability for business debtsYesProtected in most instances
Federal income tax (default)Schedule C on your returnSchedule C on your return
Self-employment taxYesYes
Can elect S or C corporation taxNo: it is not an entityYes: Form 2553 or Form 8832
State filingNone to create itArticles of organization, with a state fee; many states also charge an annual report fee or tax

State fees vary widely. California, for example, charges a single-member LLC an $800 annual LLC tax plus a fee based on total California income (California LLC fee). LLC lookup links every state’s official business search.

The operating agreement

An operating agreement describes how the LLC makes its financial and business decisions and sets out the member’s duties and powers. Even with one owner and even where a state does not require one, the SBA calls it “widely recommended” to protect yourself and your business. The agreement is a state-law document; this site does not provide one.

Where the S election fits

Forming an LLC does not change your federal tax by itself. Your profit still carries self-employment tax. The S election is the step that can change that, by splitting your pay into a salary and distributions. What is an S corp? explains how, and the calculator shows what it would do in your state.

See what the S election would do for your LLC.Profit, state and salary. Two minutes, nothing sent anywhere.
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Sources

Every figure was read on an official page and checked a second time. Checked October 24, 2026. How we check facts.

An explanation of public rules, not tax advice.