Can an LLC Really Set Up a Tax Payment Plan? – Yes + FAQs
- February 20, 2025
- 7 min read
Yes, an LLC can set up a tax payment plan with the IRS to manage its tax debt over time.
In fact, the IRS offers installment agreements specifically so businesses (including LLCs) and individuals can pay off tax liabilities in manageable monthly payments instead of one lump sum. This means if your Limited Liability Company (LLC) can’t pay its tax bill in full, you have options to avoid harsh penalties and collections.
What Is a Tax Payment Plan for an LLC?
A tax payment plan for an LLC is essentially an agreement with the IRS that allows your business to pay its outstanding tax liability over time rather than all at once. The IRS calls this an installment agreement or payment plan. It’s like setting up a monthly payment schedule for your taxes, very similar to paying off a loan in installments.
When your LLC owes taxes (for example, income taxes, payroll taxes, or other federal taxes) and can’t pay immediately, the IRS doesn’t want to push you into bankruptcy or shut your business down. Instead, they provide a structured plan so you can repay what you owe gradually, typically in monthly payments. This helps you stay in compliance and keeps the IRS cash flow coming, albeit slowly.
Key features of an LLC tax payment plan include:
- Installment Agreement with IRS: A formal agreement where the IRS consents to let you pay a certain amount each month toward your tax debt.
- Extended Timeframe: Instead of the tax being due in full by the filing deadline, a payment plan gives you longer (from a few months up to several years, depending on the plan) to fully pay off the balance.
- Interest and Penalties Still Apply: Importantly, even with a payment plan, the IRS will continue to charge interest on the unpaid balance (at the current IRS interest rate for underpayments, which can change quarterly) and a reduced penalty for late payment. So a plan does not erase extra costs; it simply avoids more severe consequences.
- Avoiding Collections: While you are on a valid installment plan and making payments, the IRS generally won’t take enforced collection actions against your LLC, such as levying your bank accounts or putting new tax liens on your property. Being in a plan essentially keeps you in good standing, or at least in a truce, with the IRS.
Definition – Tax Liability: The total amount of tax debt owed by your LLC to the IRS (or state tax agency), including any unpaid taxes, accrued interest, and penalties. An installment plan helps manage this liability over time.
Why does the IRS allow payment plans? The IRS knows that not all taxpayers, including small businesses, can pay a big tax bill immediately. By offering payment plans, the IRS increases the chances it will collect the money eventually, and taxpayers get a bit of breathing room to manage cash flow. It’s a win-win: the IRS recovers the revenue, and the business avoids going under from an unmanageable one-time payment.
Different types of payment plans: Generally, there are a couple of types of IRS payment plans relevant to LLCs:
- Short-Term Payment Plan: If the LLC can pay the full balance in a relatively short period (currently up to 180 days), the IRS may grant a short extension. This is informal and no setup fee is charged. It’s essentially a short grace period to pay in full.
- Long-Term Installment Agreement: If the LLC needs more time (several months to years), it can enter a long-term installment plan with monthly payments. These come with a setup fee and formal agreement terms.
- Partial Payment Installment or Other Arrangements: In some cases, if the LLC cannot afford to pay the full amount even over time, the IRS might agree to a partial payment installment agreement (where not all debt will be paid by end of plan) or the LLC can pursue an Offer in Compromise (asking the IRS to settle for less than owed). These are harder to get and require proof of financial hardship (we’ll discuss this scenario later).
In summary, an LLC tax payment plan is absolutely possible and commonly used. It’s basically the IRS’s way of saying “we’ll work with you, but you still have to pay what you owe, plus interest.” Now, let’s explore exactly how your LLC can set up one of these plans.
How to Set Up an IRS Installment Agreement for Your LLC
Setting up a tax payment plan for your LLC involves communicating with the IRS and formally requesting an installment agreement. The process can be done online for many cases or via paper/phone if necessary. Here’s a step-by-step on how to do it right:
- File All Required Tax Returns: Before the IRS will consider a payment plan, your LLC must be compliant with filings. That means make sure you have filed all required tax returns (business income tax returns, payroll reports, etc.) even if you couldn’t pay the taxes due. The IRS generally won’t approve an installment agreement if you have unfiled returns.
- Calculate Your Total Tax Debt: Determine how much your LLC owes in total (tax, penalties, and interest). You can find this by reviewing IRS notices or by checking your balance online via the IRS online account. Knowing the full tax liability helps you decide which plan you qualify for and what payments you can afford.
- Check Payment Plan Eligibility: The IRS has criteria for streamlined installment agreements that don’t require extensive financial disclosures:
- If the total amount your LLC (or you, if the LLC is pass-through and tax owed is on your personal return) owes is $50,000 or less in combined tax, interest, and penalties, you likely qualify for a long-term payment plan online as an individual or sole proprietor.
- For business tax debt (for example, payroll taxes owed by the LLC as an entity), if the balance is $25,000 or less, the business can likely set up a plan online.
- If you owe more than these thresholds, you can still get a plan, but you might need to call the IRS or fill out additional forms (like a Collection Information Statement detailing your finances) to get approval.
(Note: These thresholds are part of the IRS’s Fresh Start Initiative, which made it easier to qualify for payment plans by raising debt limits to $50k for individuals and $25k for businesses.)
- Choose a Payment Plan Option: Decide whether you need a short-term extension (you can pay in 180 days or less) or a long-term installment (monthly payments beyond 180 days). If it’s short-term, you simply agree to pay the full amount by the end of the extension period (no formal installment fee). If long-term, you will propose a monthly payment amount.
- Apply for the Payment Plan:
- Online Application: The fastest way is often the IRS Online Payment Agreement tool on IRS.gov. As a small business owner, if you’re a sole proprietor or single-member LLC (taxed as an individual), use the individual online system. If your LLC is a separate business entity owing payroll or corporate taxes, use the business online system (available if debt ≤ $25k). The online application will guide you through setting up either a short-term or long-term plan and will tell you immediately if you’re approved.
- By Phone or Mail: If you can’t use the online system or prefer human help, you can call the IRS at their business payment plan line (for example, the number on your bill or the general IRS collections line). They may direct you to fill out Form 9465 (Installment Agreement Request) and possibly Form 433-B (Collection Information Statement for Businesses) if the debt is large or you need to show financials. Mailing in Form 9465 is another option, though slower.
- Propose a Monthly Payment Amount: When applying, you’ll need to suggest an amount your LLC can pay each month. Tip: Propose an amount that will clear the debt within 72 months (6 years) or less if possible, because the IRS typically expects that. In fact, if you owe under the streamlined threshold ($50k/$25k), the IRS usually requires that your payment plan will pay off the balance within 72 months or before the collection statute expires, whichever is sooner. Divide your total debt by 72 to get a rough minimum. You can always pay more per month, but make sure it’s affordable so you don’t default.
- Understand the Fees and Interest: Setting up a long-term plan comes with a user fee. For example, an online installment agreement might have a setup fee of around $31 (if you agree to automatic direct debit from your bank) or about $130 if you opt to send checks or not use direct debit (and higher if you apply by phone or mail). Low-income applicants can get these fees reduced or waived. Short-term plans (<=180 days) have no setup fee. Regardless of the plan, interest (currently around 5-7% annual rate, variable) and penalties (reduced to 0.25% per month with a plan, which is half the normal 0.5% late payment penalty) will continue to accrue on the outstanding balance. Make sure you factor these costs in.
- Finalize the Agreement: Once the IRS approves your plan, they will confirm the terms in writing. You’ll get a notice or letter stating your monthly payment amount and due date each month. If you applied online, you might get immediate approval and simply need to make your first payment by the specified date.
- Make Payments Timely: Now it’s up to you to pay on time every month. Set up automatic payments if possible (the IRS prefers direct debit because it’s less likely you miss a payment — plus lower setup fee). Mark your calendar for each due date if paying manually. Missing a payment can default the agreement, which puts you back at risk of IRS collection action.
- Stay Current on Future Taxes: A critical condition of keeping your payment plan is that your LLC must stay compliant moving forward. That means file all future tax returns on time and pay new taxes owed for the current year. If your LLC has employees, make sure you deposit payroll taxes on time as well. If you fail to do so, the IRS can cancel your installment agreement.
- Monitor Your Balance: Keep an eye on your remaining balance and payments. The IRS Online Account or the payment plan correspondence can show how much is left. There’s no prepayment penalty, so you can always pay extra or pay it off early if business improves (saving you interest).
- Complete the Plan: Once you make the final payment and the balance is zero, the IRS will send confirmation that your tax debt is paid. Congrats – your LLC is free of that tax burden! Also, any federal tax lien filed should get released within 30 days after full payment.
By following these steps, your LLC will successfully set up a tax payment plan with the IRS. It might seem intimidating, but many small businesses set up installment plans every year. It’s a standard procedure, and the IRS offers tools to make it relatively straightforward. Next, we’ll look at some common mistakes and pitfalls to avoid during this process, so you can keep the plan running smoothly.
Avoid These Mistakes When Arranging an LLC Tax Payment Plan
While setting up an IRS installment plan is not overly complicated, there are some common mistakes and misconceptions that can trip up small business owners. Avoid these pitfalls to save yourself headaches and extra costs:
- Procrastinating or Ignoring the Problem: The worst mistake is waiting too long to address a tax debt. If you ignore IRS notices and delay contacting them, the situation gets worse – interest and penalties pile up, and the IRS might even start enforcement (liens or levies). Solution: As soon as you know your LLC can’t pay a tax bill, reach out to set up a payment plan. Acting early can even reduce certain penalties.
- Not Filing Tax Returns Because You Can’t Pay: Some business owners make the mistake of not filing a return on time, thinking “I can’t pay the tax, so why file?” This is a big error. The failure-to-file penalty is much larger than the failure-to-pay penalty. Plus, the IRS won’t offer a payment plan if returns are unfiled. Always file on time, even if you owe – then get a plan for the payment. This avoids the steep filing penalty (5% per month of the tax due, which is 10 times higher than the 0.5% late payment penalty!).
- Setting an Unrealistic Payment Amount: When requesting an installment, if you over-commit to a high monthly payment your business can’t sustain, you risk defaulting on the agreement. Missing a payment could cause the IRS to cancel the plan, and then things get nasty (full amount due immediately, possible collections). Instead, choose a manageable payment. It should be enough to meet IRS requirements (pay off in the time frame) but not so high that it crushes your LLC’s cash flow. Budget carefully and be honest about what you can pay consistently.
- Failing to Understand Interest & Penalties: Some folks think once they have a payment plan, the meter stops running. Not true. Interest will continue to accrue daily on the remaining balance, and a smaller late payment penalty continues until the balance is fully paid. If you only pay the minimum each month, you’ll also be covering these ongoing charges. Be prepared for the fact that you’ll ultimately pay a bit more than the original tax due. If possible, pay extra or pay it off early to reduce interest costs.
- Neglecting Future Tax Obligations: After getting an installment plan, don’t forget that future taxes are separate. A common mistake is failing to make estimated tax payments or deposits for the current year because you’re busy paying last year’s debt. If you incur a new debt and don’t pay it, the IRS can default your existing agreement. Solution: Treat your payment plan like a monthly expense in your budget, and also stay current with all new taxes so you don’t fall behind again.
- Not Using Direct Debit: While not mandatory, failing to use direct debit (automatic bank payments) can be a mistake. If you rely on mailing checks or paying online manually, you risk forgetting a payment. Also, the IRS charges a significantly higher setup fee if you don’t use direct debit. Tip: Set up the automatic debit – it’s cheaper and you won’t accidentally miss a payment.
- Forgetting to Check for Penalty Relief: The IRS sometimes offers penalty abatement or relief for first-time offenders or reasonable cause. If your LLC has never had a tax issue before, ask about First-Time Penalty Abatement for the failure-to-pay penalty. You might still pay interest, but some penalties could be forgiven. Not asking for this (if you qualify) is leaving money on the table.
- Thinking “I’m an LLC, So I Can’t Get a Plan”: Some business owners mistakenly believe that only individuals qualify for IRS payment plans. Not true! LLCs and other businesses absolutely can set up installment agreements. The IRS might have slightly different procedures (as mentioned, if over $25k owed or if it’s payroll taxes, etc.), but they want businesses to keep running and eventually pay the taxes. So don’t assume you’re not eligible just because you’re a business entity.
- Relying on Dubious Tax Relief Companies: Be cautious of third-party companies that promise to settle your tax debt for pennies or guarantee they can get you a better deal. While some tax professionals are very helpful, there are many tax debt relief scams targeting struggling business owners. They might charge hefty fees and not deliver results. Setting up a payment plan is something you can often do yourself using the IRS website or with the help of a trusted CPA or tax attorney if needed. Don’t pay exorbitant fees to middlemen unless you’ve vetted them.
- Not Communicating with the IRS if Trouble Arises: Life happens – if at some point your LLC truly cannot make a payment or you have a cash flow emergency, don’t just skip the payment without notice. Another mistake is going silent. Instead, call the IRS as soon as you anticipate a problem. They may adjust your plan or provide a short grace period. If you default without communication, you lose their trust and might not get another chance easily.
By avoiding these mistakes, you greatly increase the odds that your LLC’s installment plan will go smoothly to completion. Remember, the installment agreement is a formal deal with the IRS – treat it with the same seriousness as a loan from a bank. Now that you know what not to do, let’s clarify some key terms used in this process.
Key Terms Explained (IRS, Tax Liability, Installment Agreement & More)
Navigating tax payment plans means encountering some specific financial and IRS terminology. Here are key terms every LLC owner should understand, explained in plain language:
- Internal Revenue Service (IRS): The U.S. government agency responsible for collecting federal taxes and enforcing tax laws. They are the ones you’ll deal with to set up a tax payment plan. For an LLC, the IRS handles federal income taxes and payroll taxes (and others like excise taxes if applicable).
- Tax Liability: The total amount of taxes that your LLC owes to the government. This includes the original tax due plus any accrued interest and penalties. It’s essentially your tax debt. For example, if your LLC underpaid quarterly taxes and now owes $10,000 on the return, that $10,000 (plus growing interest) is your tax liability.
- Installment Agreement: The formal term for a tax payment plan with the IRS. It’s an agreement that says you will pay a certain amount over a set period. The IRS has standard installment agreements for various situations (short-term, long-term, partial). When you set up a payment plan, you are entering into an installment agreement.
- Short-Term Payment Plan: An IRS payment arrangement where the full tax balance will be paid in a short period, currently 180 days or less (about 6 months). No user fee is charged for setting this up. It’s basically a grace period extension. Interest and penalties continue, but if you can pay everything within the short-term window, it’s cheaper and easy to do.
- Long-Term Payment Plan (Long-Term Installment): A monthly payment plan for more than 180 days. Typically, the IRS will allow up to 72 months (6 years) for a streamlined installment agreement. This plan does have a setup fee (also called a user fee) and requires formal approval. Long-term plans are common for large debts that businesses or individuals can’t clear quickly.
- Streamlined Installment Agreement: A type of long-term payment plan that is easier to get approved because the debt is below a certain threshold and you agree to pay in the standard time frame. For individuals (including single-member LLC owners on a personal return), the threshold is $50,000 or less. For LLCs or businesses, it’s usually $25,000 or less of debt. Streamlined means no need to submit detailed financial information – the IRS almost automatically approves it if you meet the criteria.
- Direct Debit Installment Agreement (DDIA): An installment plan where payments are automatically debited from your bank account each month. The IRS favors this because it’s reliable. In fact, the user fee for setting up an installment is much lower if you agree to direct debit. For example, the fee might be around $31 (or even $0 for some qualifying low-income taxpayers) for a direct debit setup, versus over $100 for other methods.
- User Fee (Installment Agreement Fee): The administrative fee the IRS charges to set up an installment plan. The amount varies: it can range from about $0 (for short-term plans or low-income waiver) up to around $130-$225 (for long-term plans set up by phone or without direct debit). If you use the online system and choose direct debit, the fee is lowest. This fee is usually added to your tax balance or paid with your first payment.
- Interest: The charge on any unpaid tax amount. The IRS interest rate for underpayments changes over time (it’s based on the federal short-term rate plus 3%). It’s compounded daily until the tax is paid. For example, if the current interest rate is 6% annually, and you owe money, interest accrues on the balance each day. Over a year, roughly 6% of the balance will be added as interest (though it’s slightly more due to daily compounding). This is why installment plans cost more than paying upfront — you’re paying for the time via interest.
- Penalties: Extra charges for not meeting tax obligations timely. Two main ones in this context:
- Failure-to-File Penalty: If you file a return late, it’s usually 5% of the tax owed per month late (up to 25% max). Very steep – reason to file on time.
- Failure-to-Pay Penalty: If you pay late, it’s normally 0.5% of the unpaid tax per month (also up to 25% max). However, if you’re on an approved installment plan, this penalty drops to 0.25% per month (half the rate) while the plan is in effect. That reduction is a small incentive to get into a plan.
- Notice of Federal Tax Lien: A public notice the IRS files in county records when you have a significant tax debt. It alerts creditors that the IRS has a claim on your property for that debt. If you enter a payment plan before a lien is filed (and your debt is under $25k), you might avoid a lien. If a lien is already filed, paying off your tax (even via a plan) will eventually get it released, but the record of the lien might still affect your credit while it exists.
- Levy: A levy is when the IRS actually seizes assets (like withdrawing money from your bank account or garnishing business income) to satisfy a tax debt. If you have an active installment agreement and are abiding by it, the IRS generally will not levy your assets. That’s a key benefit of the payment plan – it prevents these aggressive collection actions.
- Default (of an installment agreement): This happens if you violate the terms of the payment plan. For instance, if you miss a payment, or you don’t file/pay future taxes, the IRS can declare your installment agreement in default. They’ll typically send a warning or notice first. If defaulted, the agreement can be terminated and the IRS is free to enforce collection (lien/levy) on the full remaining balance.
- Offer in Compromise (OIC): This is an alternative to a payment plan where you actually settle your tax debt for less than the full amount. It’s not guaranteed and requires proving you can’t afford to pay the full amount even over time. While not exactly a “payment plan,” it’s a relief option for those in severe hardship. We mention it because if your LLC’s tax debt is truly beyond its ability to pay, you might consider an OIC instead of a long payment plan. The IRS has strict criteria for OIC, and you usually need to submit detailed financial info. It’s a more complex process.
- Financial Statement (Forms 433-A/B/F): If your debt is large or not within streamlined limits, the IRS might ask for a Collection Information Statement (Form 433-A for individuals, 433-B for businesses). This is basically a financial disclosure form listing assets, income, expenses, debts. The IRS uses it to determine what you can afford to pay. If you owe above $50k as an individual or above $25k as a business, expect this paperwork.
- Currently Not Collectible (CNC) Status: A status where the IRS acknowledges you cannot pay anything right now without significant hardship. They temporarily halt collection. This is not a payment plan per se, but another option for hardship situations. Interest and penalties still accrue, and the debt is not forgiven, but the IRS leaves you alone for a period. We include this term as it’s another avenue if even a minimal installment plan isn’t possible for your LLC at the moment.
Understanding these terms will help you navigate discussions with the IRS or your tax advisor. You’ll be able to follow along with what’s required for your LLC’s payment plan and know the implications of each aspect (like how interest and penalties work, or what happens if you default).
With the terminology under your belt, let’s move on to some examples and scenarios that illustrate how LLCs typically use tax payment plans, and what those plans look like in practice.
Common Scenarios and Examples of LLC Tax Payment Plans
Every business’s situation is a little different, but let’s look at three common scenarios in which an LLC might set up a tax payment plan. We’ll provide examples of each scenario and then illustrate them in a comparison table:
Scenario 1: Small Tax Bill, Short-Term Payment Plan
Example: Maria runs a single-member LLC consulting business. This year, she underpaid her quarterly estimated taxes and ended up with a $5,000 tax bill that she didn’t budget for. She can gather the money, but she needs a few extra months beyond the April 15th deadline. Maria contacts the IRS and sets up a short-term payment plan online, agreeing to pay the $5,000 within 4 months. She splits it into four monthly payments of $1,250. There’s no setup fee because it’s short-term, and she avoids any serious collection action. She will pay a small amount of interest and a little in penalties for those few months, but by month 4 her LLC is square with the IRS.
Analysis: In this scenario, the LLC’s debt was relatively small and could be paid off quickly. The short-term plan was the simplest and cheapest solution. Maria avoids the long-term commitment and extra fees.
Scenario 2: Moderate Tax Debt, Long-Term Installment Agreement
Example: John’s LLC, a small manufacturing business, had a tough year and owes $30,000 in federal taxes after filing its return. The company doesn’t have $30k on hand. However, John’s cash flow analysis shows the LLC can afford about $500 per month towards the debt. John applies for a long-term installment agreement. Since $30,000 is under the $50k individual streamlined threshold (John’s LLC is single-member, so the debt is on his personal return), the IRS approves his payment plan without requiring financial statements. John opts for direct debit to get a lower setup fee (around $31). At $500/month, it will take about 60 months (5 years) to fully pay $30,000 (not counting interest). John knows interest and a reduced penalty will accrue, but he’s comfortable with the timeline. Over the course of the plan, he monitors the balance. He also makes sure to file and pay his LLC’s new taxes on time during those 5 years. Because he sticks to the plan, the IRS does not file a levy or any nasty collection action. John’s business can continue operating, and eventually the debt is cleared.
Analysis: Here, a long-term payment plan was necessary due to the larger balance. The monthly payment is tailored to what the LLC can handle. John’s commitment to regular payments keeps the IRS satisfied. The interest costs are the trade-off for getting that extended time to pay.
Scenario 3: Large Tax Debt or Hardship, Partial Payment or Settlement
Example: A family-owned restaurant LLC finds itself owing a whopping $100,000 in back taxes (a combination of income and some payroll taxes) after several rough years. There’s no way they can feasibly pay this in full, even over 6 years – it would be about $1,400+ per month plus interest, which exceeds their profit. The owners contact a tax professional for help. They end up submitting an Offer in Compromise to the IRS, showing detailed financials that the business can only afford to pay $30,000 total. While the offer is under review (which takes many months), they also get placed on a temporary payment plan making a token $300 a month. After review, the IRS agrees to settle for $40,000 paid out over 24 months. The LLC signs the OIC and pays that amount; the remaining $60,000 is forgiven. Alternatively, if the OIC had been rejected, the IRS might have put them on a partial payment installment agreement where they pay what they can each month, and any remaining balance at the end of the collection period could be written off. Throughout this time, the LLC had to open its books to the IRS to prove its financial hardship.
Analysis: This scenario is an outlier for when a standard payment plan won’t cut it. The LLC had to pursue special hardship options. An Offer in Compromise is tough to get, but it can drastically reduce the debt if approved. The key point is that yes, even in dire situations, an LLC can work with the IRS—either via partial payment plans or settling—for a manageable resolution rather than shuttering the business.
Now, let’s summarize these scenarios and the characteristics of each approach in a table for easy comparison:
Scenario | Situation | Plan Type & Terms | Setup Costs | Outcome |
---|---|---|---|---|
1. Small Tax Bill (e.g. $5,000) | LLC can pay relatively soon, just needs a bit more time. | Short-Term Payment Plan (extension) – Pay in full within 180 days (e.g. over 4 months). | $0 setup fee. Interest ~ accrues for a few months; small penalty (0.5%/month) until paid. | Tax debt cleared in short order. Avoids formal installment. No major IRS enforcement as long as paid by agreed date. |
2. Moderate Tax Debt (e.g. $30,000) | LLC can’t pay now, but can over a few years with steady cash flow. | Long-Term Installment Agreement – Monthly payments (e.g. ~$500/month over 60 months). Streamlined if ≤ $50k. | Setup fee: ~$31 (online direct debit) or ~$130 (other methods). Interest ~ accrues until paid; penalty reduced to 0.25%/month. | Debt paid over time without crippling the business. LLC stays compliant; IRS holds off aggressive collection. Some interest cost paid for the benefit of time. |
3. Large Debt/Hardship (e.g. $100,000) | LLC cannot realistically pay full amount, even over time; needs special assistance. | Partial Payment Plan or Offer in Compromise – Pay only what the business can afford. Possibly settle for less than owed or pay part until statute expires. | Setup fee for OIC: $205 (can be waived for low-income). If partial installment: standard setup fee applies. Requires detailed financial disclosure. | If OIC accepted, a portion of debt is forgiven after agreed amount is paid. If on partial plan, LLC pays as much as possible; remaining debt eventually addressed by IRS policy. LLC avoids immediate seizure by showing good faith and hardship. |
Table: Three common scenarios of LLC tax debts and how IRS payment plan options address them.
As you can see, LLCs have multiple pathways to handle tax debts depending on the size of the debt and the business’s ability to pay. Most often, you’ll be in Scenario 1 or 2 where you pay in full either fairly quickly or over a set of monthly payments. Scenario 3 is less common, but it’s good to know that even if your back is against the wall, the IRS has mechanisms for a compromise or partial payment plan rather than forcing an impossible payment.
Next, let’s consider some evidence from official IRS rules and data to reinforce that these payment plans are indeed available to LLCs, and then we’ll compare payment plans to other tax relief options.
IRS Rules and Data: Evidence LLCs Can Use Payment Plans
You might wonder if there’s any doubt about LLCs being allowed to do this. Rest assured, IRS rules explicitly provide for installment agreements for businesses, and millions of taxpayers (including businesses) take advantage of payment plans each year. Here are some key pieces of evidence and facts:
- IRS Policy on Installment Agreements: The IRS has a whole section in its Internal Revenue Manual about installment agreements for businesses. In short, any taxpayer – individual or business – who cannot pay immediately may request an installment agreement. The only conditions are that the taxpayer must be in compliance (all returns filed) and the plan must generally ensure the debt will be paid (or at least addressed) within the collection timeframe. The IRS website states clearly that businesses owing $25,000 or less can apply online for a payment plan. This is a direct indicator that LLCs (as businesses) are included.
- Fresh Start Initiative: A few years ago, the IRS expanded its Fresh Start Initiative, making it easier for taxpayers to qualify for streamlined installment agreements. As part of this, businesses with tax debt up to $25,000 could get streamlined plans (where previously thresholds were lower). This policy change was aimed at helping small businesses. So the IRS has publicized that even more LLCs can get payment plans without jumping through hoops, as long as they owe $25k or less and have their filings up to date.
- IRS Data on Installment Usage: According to IRS data, installment agreements are extremely common:
- In recent years, roughly 3 million taxpayers per year enter into new installment agreements. This figure includes both individuals and businesses. Many of these are small businesses or self-employed individuals (like single-member LLC owners).
- The widespread use of payment plans shows it’s a standard tool – you’re not an outlier or “in trouble” just for requesting one. The IRS actually encourages taxpayers who can’t pay in full to set up a plan rather than avoid the issue.
- IRS Communications: The IRS frequently reminds in press releases and on IRS.gov that “most taxpayers qualify for a payment plan” if they can’t pay immediately. The term “taxpayers” encompasses businesses like LLCs too. The official IRS Payment Plans page outlines how both individuals and businesses can apply. If LLCs weren’t allowed, the IRS would specify otherwise. Instead, they provide a path: for example, a business owing under $25k can apply online, and even if above that, you can call to arrange something.
- Legal Basis: The authority for the IRS to grant installment agreements comes from law (Internal Revenue Code Section 6159). It doesn’t exclude any type of taxpayer. In practice, an LLC is either taxed through an individual/partner or as a corporation, all of which are covered under that law. So from a legal standpoint, LLCs are absolutely within the universe of “taxpayers” who can get an installment agreement.
- Tax Professional Advice: If you consult CPAs or tax attorneys, they’ll confirm that setting up an installment plan is a common strategy for businesses. It’s considered a responsible move if you have a tax debt. This consensus among professionals is evidence that it’s an accepted and normal practice.
- No Special Restrictions on LLCs: There’s nothing in IRS guidelines that says, for example, “LLCs cannot do this” or any special hoops just because of entity type (aside from the debt thresholds we covered). In fact, from the IRS perspective, what matters is the type of tax and amount owed more than whether you’re an LLC, partnership, corporation, or individual. All are eligible to request relief via installments.
Expert Insight: Tax experts often emphasize that communication with the IRS is key. “The IRS is more willing to work with you than many people assume,” says a veteran CPA. “If a small business like an LLC comes forward and proposes a reasonable payment plan, the IRS will usually grant it. It’s when taxpayers ignore the problem that things get nasty. Being proactive and arranging an installment agreement is seen as a positive step by IRS officials – it shows you intend to pay and take the debt seriously.”
The evidence is clear: LLCs can set up tax payment plans and do so routinely. The IRS has built-in procedures to handle these requests. As long as you follow the rules (file your returns, disclose the info they need, and stick to the payment terms), the IRS will allow your business to repay over time.
Now that we’ve covered the official stance and data, let’s put payment plans in context with other possible tax debt solutions an LLC might consider.
Payment Plans vs Other Tax Relief Options for LLCs
An IRS installment plan is a go-to solution for many, but it’s not the only route if your LLC is in tax trouble. How does setting up a payment plan compare to other tax relief options? Here’s a quick rundown:
- Payment Plan (Installment Agreement): This is the standard option if you can afford to pay your full tax debt given some time. It doesn’t reduce the debt – you eventually pay all taxes owed (plus interest) – but it avoids immediate strain. Use this when your LLC is financially stable enough to handle monthly payments and you just need breathing room. Pros: Easy to set up (especially if under thresholds), immediately stops most collection actions, relatively low cost in fees. Cons: You pay interest and some penalties over time, and it ties up cash flow until paid off.
- Offer in Compromise (OIC): This is essentially asking the IRS for a deal to pay less than you owe. It’s only a viable option if your LLC (and its owners, if relevant) truly cannot pay the full amount and have limited assets/income. Pros: If accepted, you could greatly reduce the tax debt and be done faster. Cons: Hard to qualify – you must disclose all finances and the IRS will generally only accept if they believe it’s the most they’ll collect from you over a reasonable period. It also can take a long time (many months to over a year) to get an answer, and you often have to make an initial payment with your offer. If your LLC is still viable and capable of earning, the IRS might reject an OIC, expecting you to do a payment plan instead.
- Partial Payment Installment Agreement: A hybrid of an installment plan and an OIC. You make monthly payments that don’t fully pay off the tax debt by the end of the collection statute (usually 10 years from assessment). Whatever is left unpaid eventually is written off by the IRS when the statute expires. Pros: You pay what you can afford, and not beyond that. Cons: Like OIC, you must show extensive financials to prove you can’t pay in full. The IRS will re-evaluate periodically to see if your financial situation has improved (if it has, they can increase your payment or terminate the deal). Interest continues to accrue on the balance, though if it won’t be fully paid, that interest is somewhat theoretical. This is typically a fallback if an OIC isn’t possible but full pay is also impossible.
- “Currently Not Collectible” Status: If your LLC is in such a tight spot that even small monthly payments would cause it to go under, you can request to be marked as Currently Not Collectible. Pros: The IRS will stop collection efforts for the time being, giving you breathing room until your finances improve. Cons: The debt isn’t gone; interest and penalties accumulate. And the IRS can file a tax lien to secure its interests while you’re not paying. This is a temporary relief, not a permanent fix. When your business finances improve, the IRS will expect you to start paying (maybe via a plan).
- Bank Loan or Line of Credit: An external solution – some business owners consider taking a small business loan or using a line of credit to pay the tax debt in full, then repay the bank over time. Pros: Paying the IRS in full stops interest/penalties from that source and avoids any IRS collections. You then owe the bank, possibly at a lower interest rate than the IRS charges. It can also keep the tax debt from becoming public (via a lien). Cons: You need to qualify for a loan, and you’re essentially shifting debt around. If the interest rate or fees on the loan are high, it might not save much money. Plus, you’re betting your business on being able to pay that loan back. Still, for some LLCs with decent credit, this can be cheaper than an IRS plan, as IRS interest rates might be higher than a bank’s.
- Credit Card Payment: Similar to a bank loan approach – the IRS allows taxes to be paid by credit card. Pros: Quick resolution of the tax bill. Possibly you earn rewards points, etc. Cons: Credit card interest is often very high (15-25%), far exceeding IRS interest (which is more like 5-7%). Unless you can pay off that card quickly, you’ll end up paying a lot more. Generally, using a credit card to pay a tax debt only makes sense if you can snag a low promotional rate or need to avoid an immediate IRS collection and have no other option.
- Bankruptcy: Personal or business bankruptcy can discharge some tax debts, but it’s complex. For an LLC, if it’s a separate entity, Chapter 7 might liquidate the business (tax debts might get discharged if older than a certain age and other criteria). In Chapter 11 reorganization or personal Chapter 13 (for individual LLC owners’ personal liabilities), tax debts often still have to be paid through the plan. Bankruptcy is usually a last resort and has major consequences for the business. It’s beyond the scope of this article, but worth noting that some old income tax debts can be wiped out in bankruptcy. Many other taxes (like payroll trust fund taxes) cannot be discharged. Because an installment plan is generally much simpler and less damaging than bankruptcy, most business owners try the IRS payment plan first unless the debt is so large that bankruptcy is the only path.
In comparing these options, an IRS installment plan stands out as the go-to first step if your LLC simply needs time to pay. It’s accessible and keeps you in good standing. Options like OIC or CNC status are more for extreme hardship cases. External financing (loans/credit) might be useful if it lowers the cost for you, but you have to be careful not to trade one bad debt for another worse one.
Often, small business owners will start with an installment agreement and, if circumstances change, reconsider other options. For example, you might start paying on a plan but if your business really struggles, you could then try for an Offer in Compromise later. Or vice versa: you might attempt an OIC, and if it’s rejected, fall back to an installment agreement.
The key is that doing nothing is not a viable option. An IRS payment plan or one of these alternatives should be pursued proactively. Each has its pros and cons, but for the majority, the payment plan is a reliable solution that balances the government’s need to collect and your business’s need for flexibility.
Lastly, let’s wrap up with some frequently asked questions that small business owners have about LLCs and tax payment plans, answered succinctly.
FAQs on LLC Tax Payment Plans
Q: Can my LLC set up a payment plan for taxes?
A: Yes. The IRS allows LLCs to establish installment agreements to pay tax debt over time, as long as all tax returns are filed and the business agrees to the plan terms.
Q: Do IRS payment plans charge a setup fee for businesses?
A: Yes. Long-term plans have a one-time setup fee (around $31 with online direct debit, up to ~$130 by mail/phone). Short-term plans (180 days or less) have no setup fee. Low-income applicants can get fees waived.
Q: Is there interest on an IRS installment plan?
A: Yes. The IRS continues to charge interest on any unpaid tax balance until it’s fully paid. The rate varies (around 5–7% annually recently). You’ll also incur a reduced late payment penalty until paid off.
Q: How long can an LLC make payments on a tax plan?
A: Typically up to 72 months (6 years) for a standard installment plan, if the debt amount qualifies. In some cases, longer terms or partial payment plans are possible, but standard streamlined agreements aim for 72 months or less.
Q: Will the IRS file a lien if I have a payment plan?
A: Usually, if you set up a payment plan before a lien is filed and your debt is under $25,000, the IRS might not file a lien. If a lien is already in place, it generally remains until the debt is fully paid, but no new enforcement (like levies) will occur as long as you honor the agreement.
Q: Can an installment plan be renegotiated if my LLC’s finances change?
A: Yes. You can contact the IRS to modify your payment plan if needed (for example, reduce the payment due to hardship or increase it to pay faster). The IRS may require an updated financial statement for significant changes. There is a small fee to revise an installment agreement, but it’s possible to adjust when circumstances warrant.
Q: What happens if my LLC misses a payment on the plan?
A: Missing a payment could default your installment agreement. The IRS will send a notice, and if you don’t catch up or contact them, they can terminate the plan. That puts you back at risk of collections. If you know you’re going to miss a payment, call the IRS immediately to discuss options (they might grant a short extension or revise the plan). Generally, one missed payment that you quickly fix won’t immediately cancel the plan, but it’s critical to communicate and resolve it fast.
Q: Can an LLC have both federal and state payment plans at the same time?
A: Yes. If your LLC owes federal taxes to the IRS and also has a state tax debt, you would need to arrange separate payment plans—one with the IRS and one with the state tax agency. Many states offer similar installment agreements. Just be sure to manage both obligations in your budget.
Q: Does setting up a payment plan draw extra IRS scrutiny on my LLC?
A: No, not in a negative way. Getting a payment plan is a routine procedure. It doesn’t flag you as fraudulent; it simply indicates you can’t pay in full immediately. In fact, it’s far better for your standing with the IRS to set up a plan rather than to ignore a tax debt. As long as you comply with the plan, the IRS treats it as a resolved account (pending payoff) and typically won’t bother you beyond routine notices.