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FAQ

How can a company that has erroneously filed IRS Form 1065 comply with theirrequirement to file IRS Form 1120S, after having made guaranteed partnerspayments rather than officer salaries?
oh wow. This is really messy. Here are the steps I would go through 1. File an amended form 1065 to indicate 0 activity. Give all of theofficers a corrected K1. Theyll need it to file their amended returns. 2. File the proper form 1120S expect inquiry letters from the IRS aboutthis. Be prepared with all of your documentation indicating that 1120S is theproper form to file. 3. File forms 941 940 State Withholding and State Unemployment. Youll needto gross up the officer payments. For example if Partner A received 80000in guaranteed payments youll need to actually file that as 86.626 toaccount for the 662. in Social Security and Medicare taxes that werewithheld from the paychecks in order to reach 80000. 4. Prepare W2s for all of the officers. Theyll need these for their amendedreturns. 5. Expect to pay lots of penalties and interest on the 941 forms since theyare now late. 6. Prepare to pay an accuracy related penalty although you may be able tobeg forgiveness on this one and get it abated. 7. Fire whoever made this error unless its your fault for not providingthat person with the appropriate documentation.
Where can I e-file Form 1065 and Schedules K-1 for free?
I used taxsoftware.com for several years in a row to do my 1065 and K1s.Although the interface was kind of “rinkydink” as another answerer put itI was able to make it work. They were always quick to answer and resolve myquestions. It got the job done and it was much cheaper than the alternatives.This year I went to do my 1065 — and got“DNS address could not be found.” Alittle annoyed I sent an email to their old help address. It bounced ofcourse. Then I did some searching just to see if anything else turned up.This is what I found On February 27 2016 the people who made taxsoftwareAlessandra and Mickey Buarque de Macedo died in a car crash along with theirson. He was going 115 mph. They were driving to a school play. Then a deadly crash. Driver Sentenced to 12 Years in Crash That Killed 3 Members of Bethesda Family Site of River Road Crash That Killed Family Undergoing ChangesAside from using their software — on the last occasion just a week or sobefore their deaths — I didn’t know the Macedos. I didn’t even know theirnames. But I appreciate that they made my life a little better and I thankthem for that. It’s making me think about how to be sure that I make otherpeople’s lives better too. It could happen to any of us any time.
If a partnership (LLC) does not make enough profit to be taxed, should thecompany still file an information return (Form 1065)?
Sure I can address tax issues here. Generally every tax partnership files areturn as noted in Section 6038a. However one exception does exist. AsTreasury does not require a domestic partnership with no income deductionsor credits to file a return Treasury Regulation Section 1.6031a1. Heredomestic means the LLC has been formed in a particular state in the UnitedStates.Partnership tax returns are due 15th day of the third month after year end.The partnership may extend the filing date by five months by filing anextension by the due date Treasury Regulation Section 1.60812a1. Thisextension also applies to the reporting requirements for the withholding taxfor foreign partners but not any taxes due Treasury Regulation Section1.14463b. If the partnership files the return late with no extension inplace Treasury will assess a 200 penalty per partner per month against thepartnership Section 6698.As we realize a tax matters partner may need additional time for filing a morecomplete and accurate return. Though we handle this issue by filing theextension allowing more time for completing the return.If the tax matters partner has not filed for an extension we may attempt toalleviate the penalty by using a reasonable cause tax law allowance underSection 6698a based on meeting IRM 20.1 requirements and Treasury RegulationSection 301.66511c.I have completed the above the analysis based on primary tax law. If the factsituations changes in any the tax results may change considerably. www.rst.tax
If a partnership has been filing a form 1065 should they file a zero returnfor years there is no income?
You should definitely file a Form 1065 and send out K1s for every year thatthe Partnership exists.The Form 1065 is about more than income.The Partnership also distributes what are called Deductions and Credits.There is also the partners’ Capital Accounts analysis.And remember one of the purposes of the Form 1065 is to keep the IRS notifiedof the condition of the entity through use of the Schedule L Balance Sheetdetailing all of the entity’s assets liabilities and capital.If you are ever audited or examined the absence of the annual tax return willput two strikes against you.Do it.Good Luck.Michael Lantrip Attorney Accountant Investorhttpamazon.comMichaelLantri...
What form does a LLC have to file if it becomes a disregarded entity in themiddle of a tax year, Form 1065 or Schedule C?
Both. If a partnership ends because a partner or partners leave and theresone remaining person owning the entity then the partnership files a 1065 forthe period of time that there were multiple people involved and then aSchedule C for the remaining period when only one owner was left.These business tax returns will each be for part of the year. This isdesignated with dates at the top of the 1065 and the Schedule C will be markedas a “first time filing” for this business.
Do you have to file schedule K-1 as well as form 1065?
1065 is the LLC or LLP filing if there is more than one ‘partner or owner’.That generates the K1 that goes onto every ‘ownerpartner’s’ form 1040personal taxes. Not tax advice
Do I have to file a k-1 Form 1065 if the gain/loss is 0?
I assume the question is do you need to file a Form 1065 for your partnershipis you had no income or expenses. The answer is if you have a domesticpartnership and had no income or expenditures that are counted as taxdeductions you do not have to file a partnership return.
Where can I file forms 1065 for free?
There is no fee for filing a tax return with the Infernal Revenue Service.File your form 1065 at one of the following addresses
Taxes in the United States of America: Is not filing a final form 1065 ok ifthere was no income and no expenses deducted in the year the LLC partnershipwas dissolved?
No its not okay.How is the IRS supposed to know youre no longer in business if you nevertell themYou probably dont want them coming after you five years from now asking youfor the past five years worth of tax returns.I suggest filing a return with all zeros remembering to check the box finalreturn.