Rhode Island LLC Taxes

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LLC TaxesAfter you start a Rhode Island LLC, there are two main types of ongoing filings. The first is the Annual Report with the state, and the other is taxes.

Paying taxes is an important part of running a business, but figuring out which taxes you need to pay can be a pain.

This lesson will provide you with general resources and the basics of Rhode Island LLC tax filing requirements.

What taxes does a Limited Liability Company pay in Rhode Island?

Each LLC has a different tax situation, so the taxes paid for a Rhode Island LLC varies.
LLC Cost

The amount of taxes owed for your LLC depends on rules like:

  • how your LLC is taxed
  • state and local tax rules
  • any sales and use tax requirements, or
  • whether you have employees

Additionally, some business types are required to register for industry-specific taxes.

Matt Horwitz, founder of LLC University®
Pro Tip: We recommend hiring an accountant to ensure your LLC meets all of its tax obligations.

We also recommend getting an EIN Number for your LLC. An EIN is also called a Federal Tax Identification Number. They mean the same thing.

Not only will an EIN number be used to open an LLC bank account, but it will also be used for filing taxes with the local, state, and federal governments.

LLC pass-through taxation (Who pays the taxes?)

By default, LLCs don’t pay taxes.

Instead, the LLC Members are responsible for reporting the income (or losses) on their personal 1040 tax return. The Members pay taxes on any LLC profits. This is because of LLC pass-through taxation.

Simply put, pass-through taxation means the responsibility for reporting tax information from an LLC “passes through” the LLC to the LLC Members.

How are LLCs taxed in Rhode Island?

By default, a Rhode Island LLC is taxed by the Internal Revenue Service (IRS) based on the number of Members the LLC has. Then the Rhode Island Department of Revenue: Division of Taxation honors this and taxes your LLC the same way at the state level.

An LLC with 1 owner (Single-Member LLC) is taxed like a Sole Proprietorship.

An LLC with 2 or more owners (Multi-Member LLC) is taxed like a Partnership.

The above are referred to as the “default status“. Meaning, they are automatically applied based on the number of LLC Members.

Alternatively, you have the option of requesting an “elective status” for your LLC. This is done by filing an extra form with the IRS. Once granted, this elective status means the IRS will treat your LLC as a Corporation (either an S-Corporation or C-Corporation) for tax purposes.

Note: Your Rhode Island LLC Operating Agreement should also include information about how your LLC is taxed.

Federal Income Taxes

There are several different options for how the IRS can treat your LLC for tax purposes.

Single-Member LLC taxes (default status)

The IRS treats all Single-Member LLCs as Disregarded Entities for tax purposes. This just means that the IRS doesn’t expect the LLC to file its own federal income tax return.

Instead, the owner of the Single-Member LLC files the return (and pays the federal income taxes).

How the LLC pays federal income tax is determined by who owns the LLC:

Multi-Member LLC taxes (default status)

If an LLC has two or more owners, the LLC is taxed like a Partnership.

The LLC needs to file a 1065 Partnership Return and issue a Schedule K-1 to the LLC owners.

The K-1s report each owner’s distributive share of profits. And the K-1 income “flows through” to the owners. The income taxes are then paid by each owner on their personal income tax return (Form 1040).

Husband and Wife LLC taxes

You may have heard that in some states, a husband and wife LLC has the option to file taxes as a Single-Member LLC (aka Qualified Joint Venture) instead of a Multi-Member LLC.

This is true for community property states (like Texas). That said, Rhode Island isn’t a community property state, which means Qualified Joint Ventures are not available in this state.

Electing to have your LLC taxed as a Corporation

Instead of the default statuses above, a Limited Liability Company (LLC) can be taxed like a Corporation.

Note: We recommend speaking with an accountant before making a corporate election.

There are two types of corporate elections:

  • S-Corporation
  • C-Corporation

LLC taxed as an S-Corporation (elective status)

By filing Form 2553 with the IRS, your LLC can request to be taxed like an S-Corporation.

Being taxed as an S-Corp can help businesses (with established profits) save money on self-employment taxes.

Tip: There are additional expenses to having your LLC taxed as an S-Corporation Most new business owners shouldn’t make this tax election until their business is established and revenue is consistent. Once there is at least $70,000 in annual net income per LLC Member, we recommend speaking to your accountant about this option.

LLC taxed as an C-Corporation (elective status)

By filing Form 8832 with the IRS, your LLC can request to be taxed like a C-Corporation.

Being taxed as a C-Corp can help large employers save money on healthcare fringe benefits.

Note: This election is not common. Most of our readers don’t choose to have their LLC taxed as a C-Corporation.

Rhode Island State Income Tax for Rhode Island LLCs

In most states, the LLC itself usually doesn’t file a state-level return. Instead, the owner files a personal state-level return that includes the LLC’s profits or losses.

That said, Rhode Island is unique in requiring that all LLCs file an Information Return (Form RI-1065) each year. This means that Single-Member LLCs and Multi-Member LLCs must file Form RI-1065 each year.

This is because pass-through entities (including Single-Member and Multi-Member LLCs) must also pay the Rhode Island Minimum Tax. This tax costs $400 per year and is paid to the Rhode Island Department of Revenue.

Single-Member and Multi-Member LLCs must file Form RI-1065 to pay this tax each year.

The owner(s) must still also file a personal state-level return (Form RI-1040).

Pass-through Entity Tax Election

LLCs in Rhode Island also have the option of being taxed at the business entity level through the Pass-through Entity Tax Election (PTE).

If all LLC Members agree to have the LLC taxed this way at the state level, then the LLC itself reports income each year by filing the Pass-through Entity Tax Election Return (Form RI-PTE). This form is filed with the Rhode Island Department of Revenue.

The owner(s) must still also file a personal state-level return (Form RI-1040) with the Rhode Island Department of Revenue.

The PTE is separate from, and in addition to the Minimum Tax. This means that you will also still need to file Form IT-140 with the Department of Revenue.

You can read more about the Pass-through Entity Tax Election and the Minimum Tax from these Rhode Island DOR resources:

There are also other types of Rhode Island business tax that apply to certain industries and types of businesses.

We recommend hiring an accountant to prepare and file your state income taxes.

You can also contact the Rhode Island Department of Revenue: Division of Taxation for more information about Rhode Island state taxes.

Local Income Tax for Rhode Island LLCs

You and/or your LLC may need to file and pay income taxes with your local municipality (town, city, county, etc.).

We recommend hiring an accountant to prepare and file your local income taxes.

You can also contact your municipality to check on their requirements.

Rhode Island Sales Tax

If you sell products to consumers in Rhode Island, you may need to collect sales tax and get a Seller’s Permit.

A Seller’s Permit is the license that allows you to collect sales tax on retail sales in the state where you do business. It’s sometimes also called a:

  • resale license
  • wholesale license
  • sales tax permit/license
  • reseller permit

They all mean the same thing and we may use these terms interchangeably.

You can register for business tax with the Division of Taxation online through Combined Online Registration Service.

You can read more information about Rhode Island sales tax from these Rhode Island DOT resources:

For more information on permits, read Rhode Island Business Licenses and Permits.

And if you have any questions about whether you need a Seller’s Permit, you can contact the Rhode Island Division of Taxation at 401-574-8829.

Tip: Save time by hiring an expert. We recommend using TaxJar. They'll help you register for, collect, and pay sales tax.

Rhode Island LLC Payroll Taxes

If your Rhode Island LLC will have employees, you must submit payroll taxes. Payroll taxes are essentially a group of taxes and filings, including:

  • Federal income tax withholding
  • State income tax withholding
  • Social Security tax
  • Medicare tax
  • Federal unemployment taxes (FUTA)
  • State unemployment taxes (SUTA)
  • Local/county deductions
  • Employee deductions

As an employer in Rhode Island, you need to set up payroll, withhold payroll taxes from employees’ paychecks, and then submit those filings and taxes to various state and government agencies.

Although you can file payroll taxes yourself, the calculations can be burdensome and very complex. And if done improperly can lead to penalties and fines. Most people hire a payroll company or ask their accountant for help.

Our favorite payroll company is Gusto Payroll. They’ll automate and take care of your payroll taxes.

For more Rhode Island payroll tax resources, please see the references section at the bottom of this page.

Managing your books & staying organized

You can keep track of income and expenses using Microsoft Excel or Google Sheets. Or you can use software to help automate things and save time.

The accounting software we recommend is Quickbooks Online.

Working with an accountant

As you can see, figuring out the different types of taxes you owe can be complicated, let alone how to properly fill out all the forms. And doing taxes improperly or missing deadlines can be harmful to your business

We strongly recommend working with an experienced accountant in Rhode Island to help make sure you file your federal, state, and local taxes correctly.

Check out our guide on how to find an accountant.

Rhode Island Division of Taxation Contact Information

There are other types of Rhode Island business tax that apply to certain industries and types of businesses.

You can contact the Rhode Island Division of Taxation at 401-574-8829 for more information about Rhode Island state taxes.

Rhode Island LLC Taxes FAQs

Do I have to pay an annual fee for my LLC in Rhode Island?

Yes, all Rhode Island LLCs have to pay an annual fee by filing a Rhode Island LLC Annual Report every year. This is separate from the federal, state, and local taxes that you pay.

The LLC Annual Report is filed with the Rhode Island Secretary of State. It is not a tax paid to the Rhode Island Division of Taxation.

The Annual Report for Rhode Island LLCs costs $50 per year. This is paid every year for the life of your LLC.

All Rhode Island LLCs must also pay the Annual Charge of $400 per year to the Rhode Island Department of Revenue: Division of Taxation.

What is the Rhode Island Annual Charge?

Rhode Island LLCs must also pay an Annual Charge of $400 to the RI Division of Taxation. You must pay this fee every year regardless of whether or not your LLC engaged in business activities or earned profits.

The Annual Charge is filed with the Rhode Island Department of Revenue: Division of Taxation. It is not the same as the LLC Annual Report, which is filed with the Rhode Island Secretary of State.

For more information, please see these pages from the Division of Taxation:

How much is an LLC in Rhode Island?

Rhode Island LLC Costs include:

$150 to form your Rhode Island LLC (to file your LLC Articles of Organization).

$50 in annual fees (to file your LLC Annual Report).

$400 in annual fees (for the Annual Charge, which is different from the LLC Annual Report).

Do I need to file a Rhode Island state tax return for my LLC?

Yes. Rhode Island is unique in requiring all LLCs to file a Business Information Return (Form RI-1065). This includes Single-Member LLCs.

Single-Member LLC taxed as a Sole Proprietorship: Yes. Your LLC must file an IRS Form 1065 and a state-level Form RI-1065.

You need to file your personal tax return (Federal Form 1040 and Rhode Island Form RI-1040).

Multi-Member LLC taxed as a Partnership: Yes. Your LLC must file an IRS Form 1065 and a Rhode Island Partnership Return (RI-065).

LLC taxed as a Corporation: Yes. Your LLC must file tax returns with the IRS and the Rhode Island Department of Revenue to pay your Rhode Island income tax.

Check with your accountant to make sure you file all the correct documents.

How do I know my LLC tax classification?

You can tell your LLC’s tax classification by looking at how many Members are in your LLC.

This is because LLCs receive their tax classification from the IRS based on the number of Members (owners) your LLC has.

If you have one Member, your LLC is taxed as a Sole Proprietorship.

If your LLC has more than one Member, your LLC is taxed as a Partnership.

This is called being taxed in your default status. Meaning, you don’t have to file any paperwork to let the IRS know that’s how your LLC will be taxed because they tax LLCs that way by default.

However, in order for your LLC to be taxed as a Corporation, you or your accountant would have to file paperwork with the IRS letting them know you’ve chosen to be taxed as a Corporation.

And then the IRS would mail you an Approval Letter to confirm you’ve chosen the Corporate tax election for your LLC.

Note: Being taxed as a Corporation is rare for LLCs, so most people don’t need to worry about this.

And if you’re still unsure about how your LLC is taxed, we recommend calling your accountant or the IRS (1-800-829-4933). To speak to a live person at the IRS, press option 1, option 1 again, and then option 3.

How to start an LLC in Rhode Island?

Here are the steps for starting an LLC in Rhode Island:

  1. Choose an LLC name and make sure it’s available
  2. Choose who will be your Rhode Island Registered Agent
  3. File the Rhode Island LLC Articles of Organization
  4. Complete and sign an LLC Operating Agreement
  5. Get a Tax ID Number (EIN) from the IRS
  6. Open an LLC bank account
  7. Check whether you need a business or sales tax license in Rhode Island
Matt Horwitz
Matt Horwitz
Matt Horwitz has been the leading expert on LLC education for the past decade. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC that other companies weren't offering. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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