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Level 1
posted Mar 3, 2020 3:35:00 PM

Filing a Final Return for a Multi-Member LLC

We started a Multi-Member LLC in early 2019, but we did not end up using the LLC. I ended up dissolving in early 2020 in January through the state that we registered under.

 

I have a few questions about the 2019 1065 Return

  1. Even though the IRS doesn't require an LLC to file a Return with $0 Income, should I still play it safe and file a "Final Return" and Distribute the K-1s showing $0 to all the members?
  2. Can I make this the final return? Or would I have to file another one next year since it did not get dissolved until January of 2020?
  3. EIN Number: We never applied for an EIN number because we did not end up using the LLC, but the TurboTax software is requiring an EIN Number. I already dissolved the LLC, so I do not believe I can apply for one with the IRS just to file this return. Can I file the 1065 return without an EIN?
  4. Social Security Number: This is somewhat of a silly question, but one of the members is overseas and off the grid until after the March 15th deadline. Can I simply leave her Social Security blank on the 1065 for now? 

Thank you.

0 4 1722
1 Best answer
Level 15
Mar 3, 2020 5:46:49 PM

You never did, purportedly, apply for an EIN for the LLC and the LLC had neither income nor expenses (in fact, it appears it never even opened for business), so there is nothing you need to file with the IRS.

4 Replies
Level 15
Mar 3, 2020 3:43:16 PM

If the LLC neither received income nor incurred any expenditures treated as deductions or credits for federal income tax purposes then a federal income tax return (Form 1065) is not required to be filed.

 

See https://www.irs.gov/instructions/i1065#idm140672607580960

Level 1
Mar 3, 2020 4:01:16 PM

Thank you for the reply.

 

I understand that it is not necessary to file a return for the LLC if it did not receive any income. However, I have already dissolved the LLC in the state that I filed it, in January of 2020. So I cannot / won't be using it in the future.

 

Are you saying that I do not have to file anything with the IRS ever?

 

I do not have to give anything to the members? 

 

Thank you.

Level 15
Mar 3, 2020 5:46:49 PM

You never did, purportedly, apply for an EIN for the LLC and the LLC had neither income nor expenses (in fact, it appears it never even opened for business), so there is nothing you need to file with the IRS.

Level 1
Mar 4, 2020 9:08:07 AM

Yes, we never opened for business hence we never applied for an EIN.

 

Thank you for your help.