View Full Version : LLC and 1099
 
 bobsss
Feb 16, 2011, 07:12 AM
I have an llc with 3 members, two were paid a salary (not a draw); does the llc issue them a 1099-misc for their portion of the salary?
 MLSNC
Feb 16, 2011, 01:24 PM
Based on my understanding--if the LLC is a partnership then the partners' income is reported on the K-1.  If the LLC is taxed as a corporation then they would receive a W-2.  For a partnership the "salary" portion would be reported as a guaranteed payment and deducted to determine the income to be split by the partners.  The guaranteed payments are reported separately on the K-1, but the partner is taxed on the guaranteed portion plus their share of the profit.
 
You would not issue a 1099 for the payments.
 bobsss
Feb 16, 2011, 01:28 PM
Makes sense, I've read in a number of places to make sure salary is repored as salary (from the LLC) and not the draw.  It also makes sense that the K1 would act as a report of income.  Thanks much