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Returning Member
posted May 2, 2021 8:08:39 AM

Received an letter from IRS mention that i hvae ECGI but I didnt have any profit from the firm

Hi, I have a LLC and my wife and I are the owners, IRS send a letter mention that we have ECGI (Effectively connected gross income) we need to fill some additional forms.

They mention if we are non-publicy trader partnerships (and ask to fill forms 8804,8805,8813) or if we are publicy traded partneship (we need to fill the forms 1042,1042-t,1042-s)

Basically our LLC has a house rented and some minor investments in stocks. Because of the HOA, Landfee and some extra costs that I have in the house we are getting loss in the company.

What should I do?

In the end of the letter they mention to visit www.irs.gov/cp282 or publication 515

I used the package from turbotax to deliver the forms and etc.

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2 Replies
Expert Alumni
May 2, 2021 11:41:38 AM

Did you file a Partnership return or just a Schedule E with your personal return?

 

Are you attempting to have a qualified joint venture? A qualified joint venture is a joint venture that conducts a trade or business where (1) the only members of the joint venture are a married couple who file a joint return, (2) both spouses materially participate in the trade or business, and (3) both spouses elect not to be treated as a partnership.

 

Unless you live in a community property state, this option is not allowed if the husband and wife have an LLC.

Returning Member
May 2, 2021 12:03:04 PM

Hi, thank you for the answer.

Well, I filled a parnership  return in IRS and Texas.

By using the Turbo Tax softwware I filled every form that I was asked to fill. 

As a part of the filling the Turbotax software print my wife and I returns show that we lost money (because primary because the rent is not above of the total cost to maintain the house).

Both of we are foreigners and I forgot to mention that the IRS letter mention that.

"On your completed form 1065 you indicated that your partnership has a foreign partner. Because of this relationship your partnership may have an additional filling requirement"