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Level 2
posted Jun 2, 2023 10:55:07 AM

I have a llc and for year 2022 i filed tax on march. I lost money for year 2022. Now i received a letter from IRS for late file tax. do i need to pay the penalty?

I lost $8k on 2022. Do you i need to pay the late filling fee even though i lost money?

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3 Replies
Level 15
Jun 2, 2023 11:37:51 AM

you did not tell us why type of tax entity the LLC was. It could be a single-member LLC taxed as a disregarded entity- no return is filed so there would be no penalty. the activity is reported diredtly on your 1040. Or perhaps you elected partnership, S-Corp or C-Corp taxation.  an LLC that elects to be tax as a partnership, S-Corp or C-Corp has a return due date of 3/15 (calendar tax year). Other than for a C-Corp there are penalties of about $200/month for each month or fraction thereof that the return is filed late and that amount is multiplied by the number of members/partners/shareholders.  if this is your first time filing late send back the notice with a written request to abate penalties as this is the first time filing late. also a statement that says steps have been taken to ensure timely filing in the future helps.   the IRS has the final word    

Level 2
Jun 2, 2023 11:48:54 AM

S- Corp. Yes this is my first time. And I filed on 3/28 but the letter says two months delays and fined me $880. 

Level 15
Jun 2, 2023 12:02:24 PM

did you file by mail? it might not have been postmarked until April. Apparently there are two members/stockholders.   your choice is to pay the penalty, the loss is irrrelevant, or as previously stated write back requesting abatement.