When are LLC members subject to self-employment tax? - Crawford Ellenbogen

Limited liability company (LLC) members commonly claim that their distributive shares of LLC income (after deducting compensation for services in the form of guaranteed payments) aren’t subject to self-employment (SE) tax. But the IRS has been seeking back taxes and penalties from LLC members it claims have underreported SE income, with some success in court. At the greatest risk are LLC members who are comparable to general partners in a partnership. We can help you assess whether the IRS might successfully claim that you’ve underpaid SE taxes.