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A disregarded entity is a business entity that (1) has a single owner, (2) is not organized as a corporation, and (3) has not elected to be taxed as a separate entity for federal tax purposes.
The owner of a disregarded entity reports the income of the disregarded entity on the owner's return. If an entity is disregarded as a separate entity for federal income tax purposes, it is also disregarded as a separate entity for Wisconsin income tax purposes.
The most common disregarded entity is a single-member limited liability company (LLC) that reports its income on its owner's return. An example is an LLC wholly owned by an individual and the income of the LLC is reported on federal Schedule C of the individual's Form 1040 or 1040-SR federal tax return.
An individual, estate, trust, partnership, tax-option (S) corporation, limited liability company (LLC), or corporation filing a Wisconsin return that is the owner of a disregarded entity must completeSchedule DE, Disregarded Entity Schedule. Schedule DE must be submitted with the Wisconsin tax return. For example, individuals must submit Schedule DE with Form 1 or Form 1NPR.
This document provides statements or interpretations of the following laws and regulations enacted as of September 28, 2021: secs 71.02, 71.20 and 71.22, Wis. Stats., secs. Tax 2.03 and 2.08, Wis. Adm. Code, sec. 7701, IRC, and 26 CFR § 301.7701-3.
Laws enacted and in effect after this date, new administrative rules, and court decisions may change the interpretations in this document. Guidance issued prior to this date, that is contrary to the information in this document is superseded by this document, according to sec. 73.16(2)(a), Wis. Stats.
MS 5-77Wisconsin Department of Revenue Customer Service Bureau PO Box 8949 Madison, WI 53708-8949 Phone: (608) 266-2772 Fax: (608) 267-1030Email: DORIncome@wisconsin.gov
The department welcomes your input on our guidance. Submit comments on this guidance document.
Guidance Document Number: 100120
September 28, 2021