I opened an Llc in November of 2023. The business has no activity. Do I have to file a 1065 form with iRS?

[MinhT1]

If your LLC had no income or expenses in 2023, you don't need to file form 1065.

See this IRS document

[LiamX]

Hi there,

what if the LLC is multi-member LLC. because it's under my wife and my name.

There was no income and activities. and date started doing business was at 2024.

Thanks,

Liam

[Vanessa A]

For federal, no if there was no activity at all, then you do not need to file a 2023 return.  However, if in the end of 2024 you started doing business, then you would need to file a form 1065 for 2024.  Basically, if there is activity during the year, you must file.  If there is no activity during the year, you do not need to file.

The is for federal returns.  

I am assuming you are not in a community property state, as that can change the need for filing the 1065 altogether. 

Your state may look at it differently.  Which state do you live in?

[LiamX]

Thank you for your reply! I live in new york state. 

I didn't file tax return for my LLC in 2023. I'm worried if I will get paneities if I didn't file.

Someone says I should because my LLC was form in 2023. not sure what to do..

Thanks,

Liam  

[DianeW777]

It depends. With no income the information does indicate a return is not required in 2023. You haven't specifically state the type of entity your LLC is using.

• Domestic Partnerships -- Except as provided below, every domestic partnership must file Form 1065, unless it neither receives income nor incurs any expenditures treated as deductions or credits for federal income tax purposes.

If you are concerned that you should file, for other reasons, then you should file the return. Instructions Form 1065