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I've been paying LLC fees for 10 years. I have had no LLC income for 3 years (got a W-2 job). Can I still deduct that LLC fee?

I've been paying LLC fees for 10 years. I have had no LLC income for 3 years (got a W-2 job). Can I still deduct that LLC fee?

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2 Replies
JeffreyR77
Expert Alumni

I've been paying LLC fees for 10 years. I have had no LLC income for 3 years (got a W-2 job). Can I still deduct that LLC fee?

It depends.  If you still have a legal LLC entity then the LLC fee is a valid business expense.  The IRS may challenge the viability of your LLC being a business if it does not have profit 3 out of 5 years and disallow the fees.  If you have a business purpose to keeping the LLC open and paying the fees to keep it open then they are valid business expenses and deductible.

I've been paying LLC fees for 10 years. I have had no LLC income for 3 years (got a W-2 job). Can I still deduct that LLC fee?

You can only deduct the fee if you include a schedule C for the LCC (if it is a disregarded entity) or you file form 1065 (if it is a partnership).  It would be a business expense, you would show no income and therefore a business loss, and the IRS might question it, as mentioned.

 

It is not deductible anywhere as a personal expense, such as schedule A or form 2106.  

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