Tennessee Small Business Tax Guide 2024: Simplify Your Taxes

How Small Businesses Pay Taxes in Tennessee

Thinking of starting an LLC in Tennessee? It’s an exciting path with its fair share of challenges, including unraveling the complex taxation maze. By grasping Tennessee’s specific tax landscape, spanning income, payroll, and sales taxes, you’re geared to manage your business’s fiscal responsibilities while maintaining its sterling status.

At LLCBase, we’re here to simplify your business formation, whether you’re setting up a new Tennessee LLC or managing an existing one. Our comprehensive guide delivers invaluable insights on how small businesses pay taxes in Tennessee, streamlining your navigation through the tax system. Follow our outlined strategies and steer your business to success amidst the vibrant backdrop of The Volunteer State. So, let’s plunge into the world of Tennessee LLC taxes and gear your business for an impressive rise!

How Do Tennessee LLC Taxes Work

Starting a business in Tennessee involves several tax responsibilities that you, as a business owner, must be aware of and prepared to handle. In Tennessee, LLC taxes encompass federal and state income taxes, payroll taxes, sales taxes, and annual franchise taxes, all of which have specific requirements and deadlines. To ensure compliance with Tennessee tax regulations, it’s crucial to understand each of these tax categories and how they apply to your LLC.

  • Federal and State Income Taxes: As Tennessee LLC, your business is considered a pass-through entity for tax purposes, meaning the company does not pay income taxes. Instead, the profits and losses are passed to the LLC owners, who report them on their income tax returns. This applies to both federal and state income taxes. In Tennessee, you’ll need to report your income to the Tennessee Department of Revenue and pay state income tax at a rate of 6.50%.
  • Payroll Taxes: If your Tennessee LLC has employees, you must withhold federal and state income taxes, Social Security and Medicare taxes, and any applicable state unemployment taxes from their wages. Additionally, as an employer, you are responsible for paying the employer’s share of Social Security, Medicare, and unemployment taxes. To manage these tax obligations, register with the Tennessee Department of Labor and Workforce Development and obtain an Employer Identification Number (EIN) from the IRS.
  • Sales Taxes: If your LLC sells goods or provides taxable services, you must collect sales tax in Tennessee from your customers at 7.00%. Register with the Tennessee Department of Revenue to collect and remit sales tax and obtain a sales tax permit. Sales tax returns are typically filed using the Online, and the filing frequency depends on the sales tax you collect.
  • Annual Franchise Taxes: In Tennessee, your LLC may be subject to an annual franchise tax levied on businesses operating within the state. The $100 minimum amount varies depending on your LLC’s income and other factors. Be aware that a 5% of tax due per month, up to 25% fee may apply if you fail to file and pay the franchise tax on time.

To register your Tennessee LLC, you must pay an initial filing fee of $300. Furthermore, a $50 per member is due yearly to maintain your LLC’s good standing with the state. Additionally, you must file an annual report in Tennessee every 1 year year to inform the state about your business activities and any changes in your LLC’s information.

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How LLCs Pay Income Taxes in Tennessee

In Tennessee, Limited Liability Companies (LLCs) are considered pass-through entities for tax purposes. This means the business is not subject to income taxes; the profits and losses are passed to the LLC owners (also known as members), who report them on their personal income tax returns.

Income Taxes for Single-Member LLCs

If you own a single-member LLC in Tennessee, the Internal Revenue Service (IRS) classifies your business as a disregarded entity for tax purposes. Consequently, you must report your LLC’s income and expenses on Schedule C of your federal Form 1040 (U.S. Individual Income Tax Return). This method of reporting effectively treats your LLC’s financial activities as if they were your own individual business transactions.

In addition to federal income taxes, you must report your income to the Tennessee Department of Revenue and pay state income tax at a rate of 6.50%. Depending on the specific tax regulations in Tennessee, you may need to file additional forms or schedules to report and pay your state income taxes.

Income Taxes for Multi-Member LLCs

For multi-member LLCs in Tennessee, the IRS treats your business as a partnership for tax purposes. You must file Form 1065 (U.S. Return of Partnership Income) to report your LLC’s income and expenses. Each member of the LLC will receive a Schedule K-1 (Partner’s Share of Income, Deductions, Credits, etc.), which outlines their portion of the LLC’s income and expenses.

Each member must then report their share of the LLC’s income on their personal income tax return, using the information provided in Schedule K-1. In Tennessee, you are also required to file a Tax Exemption Form with the Tennessee Department of Revenue to report and pay state income tax at a rate of 6.50%. Be sure to consult Tennessee tax regulations and guidelines to ensure that you are completing and submitting all necessary forms and schedules for your multi-member LLC.

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Choosing Corporate Tax Status for Your Tennessee LLC

As the owner of an LLC in Tennessee, you may have different options for your business’s tax structure. One possibility is electing corporate tax status for your LLC, which can provide tax benefits in specific situations. You must file Form 8832 (Entity Classification Election) with the IRS to change your LLC’s tax treatment.

C Corporation Tax Status

By electing to be taxed as a C corporation, your Tennessee LLC will be subject to double taxation, meaning the company’s profits are taxed at the corporate level, and dividends paid to shareholders are taxed again at the individual level. However, this tax structure can be advantageous in certain situations, such as when you want to retain earnings in the company to fund growth or when business expenses can offset taxable income.

Some benefits of electing C corporation tax status for your LLC include:

  • Lower corporate income tax rates on taxable income
  • Access to various tax deductions and credits unavailable to pass-through entities
  • The ability to offer various fringe benefits to employees, which may be tax-deductible for the corporation and tax-exempt for the employees

S Corporation Tax Status

Another option for your Tennessee LLC is to elect S corporation tax status, which allows the company to avoid double taxation by passing corporate income, deductions, and credits through to shareholders. Shareholders, in turn, report this income on their individual tax returns.

To qualify for S corporation status, your LLC must meet specific IRS requirements, such as having 100 or fewer shareholders, being a domestic corporation, and issuing only one class of stock.

Some benefits of electing S corporation tax status for your LLC include:

  • Avoiding double taxation by passing corporate income, deductions, and credits through to shareholders
  • Limited liability protection for shareholders
  • Potential savings on self-employment taxes for active shareholders

Determining the best tax structure for your Tennessee LLC is an important decision that can significantly impact your business’s financial health. It is highly recommended to consult with a tax professional or accountant who can provide guidance and advice tailored to your specific business situation. By considering factors such as your company’s size, growth plans, and the nature of your income and expenses, a tax professional can help you determine if electing corporate tax status is the right choice for your LLC.

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LLC Payroll Taxes

You manage payroll taxes if your Tennessee LLC employs workers. This includes withholding federal and state income taxes, Social Security and Medicare taxes (FICA taxes), and any applicable state unemployment taxes from your employee’s wages. Additionally, as an employer, you must pay the employer’s share of Social Security, Medicare, and unemployment taxes.

To handle these tax obligations, you should register with the Tennessee Department of Labor and Workforce Development and obtain an Employer Identification Number (EIN) from the IRS. The EIN is your business’s unique tax identification number, which you will use when filing tax returns, making tax payments, and reporting employee wages.

LLC Self-employment Taxes

As an owner of an LLC in Tennessee, you may be subject to self-employment taxes, which consist of Social Security and Medicare taxes. These taxes are levied on your net earnings from self-employment and are separate from regular income taxes. Self-employment taxes are typically calculated using Schedule SE of your federal Form 1040 (U.S. Individual Income Tax Return). Self-employment taxes apply to single-member and multi-member LLC owners as long as they are actively involved in the business.

LLC Sales Taxes

If your Tennessee LLC engages in the sale of goods or provides taxable services, you must collect state sales tax from your customers. In Tennessee, the current sales tax rate in Tennessee is 7.00%. To collect and remit sales tax, you must first register with the Tennessee Department of Revenue and obtain a sales tax permit. This permit authorizes your LLC to collect sales tax on taxable sales and remit the collected taxes to the state.

Sales tax returns are typically filed using the Online, and the filing frequency depends on the sales tax your LLC collects. The filing frequency can range monthly, quarterly, or annually, based on your business situation and the Tennessee tax regulations. Staying compliant with sales tax requirements in Tennessee is essential to avoid potential penalties and fines.

LLC Tax Forms in Tennessee

As Tennessee LLC owner, it is crucial to comply with federal and state tax requirements by filing the appropriate tax forms and meeting the deadlines. Some of the most common tax forms that you may need to file include the following:

  • Federal Form 1040 and Schedule C (for single-member LLCs): This form reports your LLC’s income and expenses on your personal income tax return if you are the business’s sole owner.
  • Federal Form 1065 and Schedule K-1 (for multi-member LLCs): This form reports a partnership’s income, deductions, and credits. Schedule K-1 is provided to each LLC member, showing their share of the LLC’s income and expenses, which they must report on their personal income tax return.
  • Tax Exemption Form (for state income taxes): This form is used to report and pay your LLC’s state income tax in Tennessee.
  • Online (for state sales taxes): This form is used to report and remit the sales tax collected on taxable sales in Tennessee.

Being aware of the tax deadlines for your LLC in Tennessee is essential. These deadlines can vary depending on the type of tax and your specific business situation. It is highly recommended to consult a tax professional or the Tennessee Department of Revenue for more information on tax deadlines and any additional forms or schedules that may apply to your LLC.

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LLC Tax Tips for Small Business Owners

  • Maintain accurate and up-to-date records of your business income and expenses. Keeping thorough records will simplify the tax filing process and help you avoid potential audits by providing clear documentation of your financial transactions.
  • Consult with a tax professional to ensure your business takes advantage of all available tax deductions and credits. A tax expert can help you identify opportunities to minimize your tax liability and maximize your potential savings.
  • Stay informed about tax law and regulation changes that could affect your Tennessee LLC. Regularly reviewing updates from the IRS, Tennessee Department of Revenue, and other relevant sources will help you stay compliant and adapt to any changes in tax requirements.
  • Consider using tax software or hiring a tax professional to help prepare your tax returns and ensure compliance with all federal and state tax requirements. These resources can save you time, reduce the risk of errors, and provide valuable tax planning and strategy guidance.

FAQs

What taxes do small businesses in Tennessee have to pay?
Small businesses in Tennessee have to pay state and federal income taxes, sales tax, and employment taxes.
How is the state income tax rate in Tennessee for small businesses?
Tennessee has no broad-based state income tax, so small businesses don’t need to worry about state income tax rates.
Are there any local income taxes in Tennessee that small businesses need to pay?
In Tennessee, some local governments may impose an income tax on individuals, but it generally does not apply to small businesses.
What is the sales tax rate that small businesses in Tennessee have to collect?
The sales tax rate that small businesses in Tennessee have to collect depends on the location of the business and the type of goods or services they sell, but the base rate is 7%.
Is there a maximum amount of sales tax that small businesses in Tennessee have to collect?
Tennessee has a cap on the amount of sales tax that small businesses can collect on a single transaction, which is $3,000.
Do small businesses in Tennessee need to pay property taxes?
Small businesses in Tennessee may have to pay property taxes on any real or personal property that they own or lease.
How is the property tax rate in Tennessee for small businesses?
The property tax rate in Tennessee for small businesses varies by county, but is generally assessed at a rate of 25% of the assessed value of the property.
What is the excise tax rate for small businesses operating in certain industries in Tennessee?
Small businesses that operate in certain industries in Tennessee, such as transportation and manufacturing, may have to pay a state excise tax, which is calculated based on their gross receipts.
Are there any credits or deductions available to small businesses in Tennessee?
Yes, small businesses in Tennessee may be eligible for certain tax credits or deductions, such as the high-impact project and small business jobs opportunities tax credits.
Can small businesses in Tennessee deduct federal income taxes on their state tax return?
Yes, small businesses in Tennessee can deduct the amount of their federal income taxes from their state taxable income.
Does Tennessee have a franchise tax that small businesses need to pay?
Tennessee does have a franchise tax that small businesses with a net worth exceeding $100,000 may need to pay.
What is the net worth threshold for small businesses that need to pay the Tennessee franchise tax?
The net worth threshold for small businesses that need to pay the Tennessee franchise tax is $100,000.
Do small businesses in Tennessee need to file a separate franchise tax return?
Yes, small businesses in Tennessee that are subject to the franchise tax need to file a separate franchise tax return with the state.
How does Tennessee define a small business for tax purposes?
Tennessee does not have a specific definition of a small business for tax purposes, but it does offer certain tax incentives for businesses that meet certain size and investment criteria.
Can small businesses in Tennessee make estimated tax payments?
Yes, small businesses in Tennessee can make estimated tax payments to avoid interest and penalties for not paying the full amount of their taxes at once.
What is the penalty for late estimated tax payments in Tennessee?
The penalty for late estimated tax payments in Tennessee is generally calculated at 1% per month on the unpaid balance.
Does Tennessee have a tax amnesty program for small businesses?
Yes, Tennessee occasionally offers tax amnesty programs to small businesses that owe back taxes.
What is the penalty for not filing a tax return in Tennessee?
The penalty for not filing a tax return in Tennessee is generally a minimum of 5% of the unpaid tax or $15, whichever is greater.
Can small businesses in Tennessee request a payment plan for back taxes?
Yes, small businesses in Tennessee can request a payment plan for back taxes to avoid further penalties and interest.
Are there any penalties for paying taxes late in Tennessee?
Yes, small businesses in Tennessee may be subject to penalties and interest for paying taxes late, which can add up over time.
Are there any tax breaks for small businesses in Tennessee that hire new employees?
Yes, Tennessee offers certain tax incentives for small businesses that hire new employees, such as the FastTrack Job Training Assistance Program and the Small Business Health Care Tax Credit.
What is the FastTrack Job Training Assistance Program in Tennessee?
The FastTrack Job Training Assistance Program in Tennessee is a program that provides funding to small businesses that train new employees.
What is the Small Business Health Care Tax Credit in Tennessee?
The Small Business Health Care Tax Credit in Tennessee is a tax credit for small businesses that offer health insurance to their employees.
How does Tennessee tax self-employed small business owners?
Self-employed small business owners in Tennessee pay state income and self-employment taxes on their net income.
Are there any tax incentives for small businesses in Tennessee that invest in property or equipment?
Yes, Tennessee offers certain tax incentives for small businesses that invest in property or equipment, such as the Franchise and Excise Tax Manufacturing Credit.
What is the Franchise and Excise Tax Manufacturing Credit in Tennessee?
The Franchise and Excise Tax Manufacturing Credit in Tennessee is a tax credit for small businesses that invest in qualifying machinery and equipment.
What is nexus for small businesses that do business in Tennessee?
Nexus for small businesses that do business in Tennessee is established if they have a physical presence, online presence or meet income or transaction thresholds in the state.
Are there any fees or taxes associated with obtaining a business license or registration in Tennessee?
Yes, small businesses in Tennessee may be required to pay a registration fee or license fee depending on the type of business and its location.
How do small businesses in Tennessee report their sales tax collections?
Small businesses in Tennessee can report their sales tax collections through the Tennessee Department of Revenue’s online portal or by filling out and mailing in a paper sales tax return form.
What is the corporate tax rate for small businesses in Tennessee?
The corporate tax rate for small businesses in Tennessee is 6.5 percent.
Do small businesses in Tennessee have to pay state income taxes?
Yes, small businesses in Tennessee have to pay state income taxes.
What is the sales tax rate for small businesses in Tennessee?
The sales tax rate for small businesses in Tennessee is 7 percent.
When are Tennessee corporate income tax returns due?
Tennessee corporate income tax returns are due on the 15th day of the fourth month following the close of the tax year.
What is the penalty for failing to file a Tennessee corporate income tax return?
The penalty for failing to file a Tennessee corporate income tax return is 5 percent of the tax due per month, up to a maximum of 25 percent.
Can small businesses in Tennessee claim deductions on their state income taxes?
Yes, small businesses in Tennessee can claim deductions on their state income taxes.
Are small businesses in Tennessee subject to the franchise tax?
Yes, small businesses in Tennessee are subject to the franchise tax.
What is the Tennessee excise tax rate for small businesses?
The Tennessee excise tax rate for small businesses is 6.5 percent.
When are Tennessee sales tax returns due?
Tennessee sales tax returns are due on the 20th day of the month following the close of the reporting period.
What is the penalty for failing to file a Tennessee sales tax return?
The penalty for failing to file a Tennessee sales tax return is 10 percent of the tax due or $15, whichever is greater.
What is Tennessee’s business tax structure?
Tennessee’s business tax structure is a combination of corporate income tax, franchise tax, and sales tax.
When are Tennessee franchise tax returns due?
Tennessee franchise tax returns are due on the 15th day of the fourth month following the close of the tax year.
What is the penalty for failing to file a Tennessee franchise tax return?
The penalty for failing to file a Tennessee franchise tax return is 5 percent of the tax due per month, up to a maximum of 25 percent.
What is the minimum franchise tax for small businesses in Tennessee?
The minimum franchise tax for small businesses in Tennessee is $100.
Who must file the Tennessee franchise tax?
All Tennessee corporations, limited liability companies, and limited partnerships must file the franchise tax.
Can small businesses in Tennessee claim a deduction for net operating losses?
Yes, small businesses in Tennessee can claim a deduction for net operating losses.
How often must small businesses in Tennessee file state income tax returns?
Small businesses in Tennessee must file state income tax returns annually.
When are Tennessee business tax returns due?
Tennessee business tax returns are due on the 15th day of the fourth month following the close of the tax year.
What is the penalty for failing to file a Tennessee business tax return?
The penalty for failing to file a Tennessee business tax return is a minimum of $100.
Can small businesses in Tennessee pay their taxes online?
Yes, small businesses in Tennessee can pay their taxes online.
Are small businesses in Tennessee exempt from paying sales tax?
No, small businesses in Tennessee are not exempt from paying sales tax.
What is the minimum sales tax liability for small businesses in Tennessee?
The minimum sales tax liability for small businesses in Tennessee is $300 per year.
Can small businesses in Tennessee file their sales tax returns online?
Yes, small businesses in Tennessee can file their sales tax returns online.
What is the penalty for late payment of Tennessee sales tax?
The penalty for late payment of Tennessee sales tax is 10 percent of the tax due or $5, whichever is greater.
Can small businesses in Tennessee claim a tax credit for hiring new employees?
Yes, small businesses in Tennessee can claim a tax credit for hiring new employees who have been unemployed for at least 60 days.
When are Tennessee excise tax returns due?
Tennessee excise tax returns are due on the 20th day of the month following the close of the reporting period.
What is the penalty for failing to file a Tennessee excise tax return?
The penalty for failing to file a Tennessee excise tax return is $15 or 10 percent of the tax due, whichever is greater.
Can small businesses in Tennessee claim a credit for tax paid to other states?
Yes, small businesses in Tennessee can claim a credit for tax paid to other states.
Are small businesses in Tennessee required to pay estimated taxes?
Yes, small businesses in Tennessee are required to pay estimated taxes.
When are Tennessee estimated tax payments due?
Tennessee estimated tax payments are due on the 15th day of the fourth, sixth, ninth, and twelfth months of the tax year.

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Conclusion

Understanding and managing your tax obligations is critical to running a successful small business in Tennessee. By staying informed about the tax requirements for Tennessee LLC, you can ensure your business remains compliant and avoid unnecessary penalties or fines. Remember to consult with a tax professional to ensure you’re taking advantage of all the available tax benefits and staying up-to-date with the latest tax laws and regulations.

Stay proactive in your tax management and compliance efforts as you continue to grow your business in the vibrant and diverse state of The Volunteer State. This will help maintain your LLC’s good standing and allow you to focus on what truly matters – the success and growth of your business in Tennessee. With a solid understanding of the tax landscape and the right resources, you’ll be well-positioned to thrive in Tennessee small businesses. For valuable insights and resources on managing your Tennessee LLC, visit LLCBase. Let us help you navigate the complexities of the tax landscape and set your business up for success.

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