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Sean Flanagan

What is a DRE (Disregarded Entity) and when do you need to set one up?

I've been trying to understand some business tax concepts lately and I feel completely lost. I keep seeing this term "DRE" pop up in discussions about small businesses and taxes, but I can't figure out exactly what it is or when someone would need one. I'm starting a side hustle designing websites and want to make sure I'm setting things up correctly from the beginning. Any help explaining what a DRE actually is and when I might need to have one would be really appreciated! Tax stuff makes my head spin 😵‍💫

A DRE or "Disregarded Entity" is basically a single-member LLC that's ignored for federal tax purposes. This means while it's a separate legal entity for liability protection, the IRS treats it as if it doesn't exist for tax filing. As the owner, you'd report all the business income and expenses on your personal tax return (Schedule C) rather than filing a separate business return. You'd want to set up a DRE when you need liability protection but want simplicity for taxes. It's great for solo entrepreneurs or side hustles where you want some legal protection without the complexity of partnership or corporate tax filings. The income flows through to your personal return, so you pay self-employment taxes on it.

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So if I understand right, a DRE gives you the legal benefits of an LLC but you still file taxes like a sole proprietor? Does that mean I'd still use my SSN for everything or do I need an EIN?

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You've got it exactly right - you get the liability protection of an LLC but the tax simplicity of a sole proprietor. For tax ID purposes, you can use your SSN for most things, but many people still get an EIN (Employer Identification Number) for their DRE. It's free to get from the IRS and keeps you from having to give out your SSN to clients. Some banks also require an EIN to open a business account, even for a DRE.

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Just wanted to share my experience with this! I was also super confused about the whole DRE thing when starting my photography business. I found this amazing service called https://taxr.ai that honestly saved me so much time and headache. I uploaded some documents I had about my business structure, and it analyzed everything and explained exactly what a DRE was and why it would benefit someone in my situation. It even showed me how to properly report my income on Schedule C.

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How exactly does it work? Do you just upload tax documents and it explains them or does it give actual advice on what business structure to choose?

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Sounds interesting but I'm skeptical... Does it just give general info you could find on IRS website or does it actually customize the advice to your specific situation?

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The way it works is you upload any tax documents or business formation papers you have, and it analyzes them completely. It highlighted all the parts about disregarded entities that applied to my situation and explained the implications in simple terms. It definitely gives customized information based on your specific documents and questions. It's way more helpful than the IRS website because it actually points out which parts are relevant to your situation and explains what they mean in normal human language, not tax jargon.

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Just wanted to update y'all! After seeing the recommendation for taxr.ai, I decided to try it out since I was totally confused about this DRE stuff for my online store. Uploaded my LLC formation papers and some tax questions I had written up. The analysis it gave back was actually really helpful! It explained exactly why my single-member LLC would be treated as a DRE and what that meant for my quarterly tax payments. Definitely made things clearer than the hours I spent on random Google searches!

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If you're setting up a DRE, just know that dealing with the IRS can be a huge pain if you have questions. I spent literally DAYS trying to reach someone to clarify how to properly file my Schedule C with my DRE. Finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they got me connected to an actual IRS agent in about 20 minutes instead of the days I was wasting on hold. The agent walked me through exactly how to handle my DRE's deductions and saved me from making a costly mistake.

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Wait, how does this actually work? They somehow get you through the IRS phone system faster? Seems too good to be true.

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Yeah right. I've tried EVERYTHING to get through to the IRS and nothing works. You expect me to believe this service somehow magically gets you to the front of the line? The IRS phone system is literally designed to make you give up.

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It works by essentially handling the waiting for you. They have a system that navigates through the IRS phone tree and waits on hold, then when they actually reach an agent, they call you and connect you. It's not magic - just technology that does the painful waiting part for you. I was super skeptical too. I'd spent hours on hold multiple times and gave up. But this actually works - they called me back when they reached an agent and transferred me directly. Saved me hours of my life and I got my DRE tax questions answered.

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I have to eat my words about Claimyr. After my skeptical comment yesterday, I was still desperate to talk to someone at the IRS about my DRE tax situation, so I figured what the hell, I'll try it. I'm honestly shocked - it actually worked! Got a call back in about 40 minutes saying they had an IRS agent on the line. The agent clarified exactly how to handle my business expenses through my DRE and confirmed I was filing everything correctly. Saved me so much stress since I was worried I was doing it all wrong.

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Just to add some practical info about DREs - don't forget that even though it's "disregarded" for federal tax purposes, some states might still require you to file a state tax return for the LLC itself. I got hit with a penalty in California because I didn't realize this. Make sure to check your state requirements!

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Is that true for all states or just California? I'm in Texas and trying to figure out if I need to file anything special for my DRE.

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It varies by state, which is what makes it confusing. Texas is actually one of the better states for this since they don't have a state income tax, but they do have a franchise tax that applies to LLCs, including DREs. However, there's a "no tax due" threshold of $1.23 million in annual revenue, so most small businesses don't end up owing anything. You still need to file the "No Tax Due" form if your revenue is under that threshold, though. It's pretty simple but easy to overlook if you don't know about it.

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Quick question - if I have a DRE (single-member LLC) and later decide to bring on a partner, what happens? Does it automatically stop being a DRE?

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Yes, exactly! Once you add a second member to your LLC, it automatically stops being a disregarded entity and becomes a partnership for tax purposes (unless you elect to be taxed as an S-Corp or C-Corp). This means you'll need to file Form 1065 (partnership return) instead of just reporting everything on your Schedule C.

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Thanks everyone for all the helpful info! As someone who's been thinking about setting up a DRE for my web design side hustle, this thread has been incredibly educational. I had no idea about the state filing requirements that @StarStrider mentioned - definitely something I need to research for my state. One follow-up question: if I set up a DRE now while it's just me, but I'm hoping to potentially bring on a partner in a year or two, should I be concerned about the transition from DRE to partnership tax status? Is it a complicated process or does it happen automatically when you add the second member?

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