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Level 2
posted Mar 20, 2022 11:13:59 AM

Do I need to file a Form 1065 for a multi-member LLC if the business has not yet opened and is still under construction for 2021? Do I claim lease/build-out expenses now?

My husband and I are starting a business and obtained multi-member LLC in 2021. No gains or losses and leasing a stand-alone unit in a town center. Unit is still under construction but expenses are paid for leasing and construction in 2021, and business cards, etc. The business is not yet open.

0 6 1046
3 Best answers
Level 8
Mar 20, 2022 12:06:31 PM

You would prepare the return, to include rent and the costs such as the marketing (business cards). However, the leasehold improvements would not be deducted until the business began operating.

Expert Alumni
Mar 20, 2022 1:07:46 PM

The down-payment to your contractor is part of the business asset you are creating. The total cost will be capitalized for depreciation once the unit is placed in service (ie: you are open for business).

Expert Alumni
Mar 20, 2022 1:29:21 PM

You won't need to elect to amortize - you'll simply add the total cost as an asset for amortization for your business. Until then, keep good accounting records so you have that information ready next year.

6 Replies
Level 8
Mar 20, 2022 12:06:31 PM

You would prepare the return, to include rent and the costs such as the marketing (business cards). However, the leasehold improvements would not be deducted until the business began operating.

Level 2
Mar 20, 2022 12:51:41 PM

Thank you @ZoltanB45  for the help and reply!  We paid only the down payment in 2021 so far to our contractor for the build-out.  We should not claim this yet as an expense on the 2021 return?

Expert Alumni
Mar 20, 2022 1:07:46 PM

The down-payment to your contractor is part of the business asset you are creating. The total cost will be capitalized for depreciation once the unit is placed in service (ie: you are open for business).

Level 2
Mar 20, 2022 1:15:25 PM

Thank you @PatriciaV  for the reply!  The build-out total cost itself will wait to be deducted until the business starts, and will be amortized?  We need to complete a form to request amortization but not until business opens?  Thank you for the help!

Expert Alumni
Mar 20, 2022 1:29:21 PM

You won't need to elect to amortize - you'll simply add the total cost as an asset for amortization for your business. Until then, keep good accounting records so you have that information ready next year.

Level 2
Mar 20, 2022 4:20:55 PM

Great!  Thank you @PatriciaV  for the help and answers!