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The company itself · A term for founders abroad

What is a multi-member LLC?

An LLC with two or more owners; a partnership for US tax, filing Form 1065 with a Schedule K-1 for each member.

Read the explanation See the 3 questions

Checked against the IRS's instructions and the states' own rules. Reviewed by Saais Patel, compliance reviewer.

Topic
The company itself
Questions
3 answered
Sources
1 official
Reviewed by
Saais Patel

Term 67 of 105 in the glossary, filed under M.IRS: limited liability company

01 · Explained

Multi-member LLC, for a founder abroad.

With two or more owners, an LLC is a partnership for federal tax unless it elects to be taxed as a corporation. It files Form 1065 by 15 March and gives each member a Schedule K-1. A partnership doesn't file Form 5472, which is for corporations and foreign-owned single-member LLCs.

If it has income connected with a US trade or business, it withholds tax on each foreign partner's share, generally 37% for individuals and 21% for companies. The operating agreement matters far more with two owners than with one: it decides who controls the company and what happens when someone leaves.

Sources: IRS: limited liability company.

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02 · Questions

What founders ask next.

Does a multi-member LLC file Form 5472?
No. It files Form 1065 with a K-1 for each member, and Forms 8804 and 8805 if it withholds on foreign partners.
If my spouse and I own an LLC, is it multi-member?
Usually: two owners make a partnership, whatever their relationship. A narrow IRS rule lets spouses who hold the LLC as community property treat it as single-member, so ask an adviser if your country's marital property rules might apply.
Can a multi-member LLC be taxed as a corporation?
Yes, by electing on Form 8832, though for founders abroad that usually means 21% US tax that a partnership wouldn't pay.

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