For my first and only return my cpa made a mistake on my new business and added a partner that is not a partner. It is only me and my paperwork lists it as a sole member LLC. He filed a 1065 form for 2015. There was zero income. He did not send a copy to

[nancyisb]

My other issue is: I received 4 1099's as an independent contractor and 3 used my social security # and only 1 used my LLC EIN for 2016. Actually on of my payers paid me for most of the year using my social security number and a small portion using my LLC Ein.  Do I use a 1065 and include all income or just the LLC income? OR - Can I fill out my LLC return as zero and then include all of my income  on my 1040? Or do I just use a 1040 and include all 4 1099's? Thank you for any help. The cpa who I hired has caused me a great deal of expense and confusion. I would just like to use Turbotax from now on.

[AmyT · Accepted solution]

Since you are a single-member LLC, you would not need to file a partnership return under normal circumstances.

In this case, you will need to do something to make sure that the IRS is not looking for a partnership return from the LLC.  Since you will need to include the LLC income and expenses on your personal return, you should not file a 1065 for 2016.  

Probably the quickest way to sort this out would be to get a copy of the 2015 1065 that was filed and go to your local IRS office  (Please see this website (https://www.irs.gov/help-resources/contact-your-local-irs-office) to locate your local IRS office.)  

If you are unable to do this, you should file an amended 2015 Form 1065 (the form is at https://www.irs.gov/pub/irs-prior/f1065--2015.pdf), marking it as a Final return and as an Amended return.  Since it was a $0 return, you will not need to fill in any of the income or expense sections.  Write across the first page "Single-member LLC - no partnership return required", and file it with the address listed on page 4 of the instructions (https://www.irs.gov/pub/irs-prior/i1065--2015.pdf)

You will then include all of the LLC income (including the amounts reported under your social security number) using schedule C on your personal return (1040).

To get to the input screens for your LLC:

• Once signed into your account, click on Search at the top of the screen
• Input "schedule c" into the search box and hit Enter
• The first link available should be Jump to schedule c - click on this link
• You will be taken to the screens to enter your income, business information, and expenses

Note:  You should provide the payers with a new W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf) to update their information to issue payments (and future 1099-MISCs) to the LLC.