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LLC form 1065

My husband and I started an LLC as a way to limit liability exposure for a few vacant land properties that we own.

So now the LLC owns these properties.  We did not do anything with these properties this year (the first year of the LLC existing). 

So we spent about $500 establishing the LLC.  Other than that we have no income or expenses to speak of.   

We are happy to file 0 on form 1065 but I am confused as to where or if I have to list the properties owned by the LLC as assets. 

If we have to list them which part of the form do we list the properties? And do we use the value of the property which is listed on the property tax bill. 

Any input would be appreciated. Thank you. 

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2 Replies
PatriciaV
Employee Tax Expert

LLC form 1065

According to the IRS, every domestic partnership (which includes LLCs) must file Form 1065, unless it neither receives income nor incurs any expenditures treated as deductions or credits for federal income tax purposes. Basically, if you have no income or expenses, you are not required to file a return.

 

However, you may expense up to $5,000 in startup costs in the year that your business starts. This would apply to your organizational costs for forming the LLC.

 

The contribution of land is considered a property contribution, which is entered under Business Info >> Partner/Member Information. Split the adjusted basis of the property according to your ownership percentages and enter the amount as a Property Contribution for each partner. Land is not depreciated, so these properties will not generate any additional expense on the tax return.

 

If you are required to include Schedule L (Balance Sheet), you would report the Land as an Asset, and the same amount as Partner's Capital

 

Basis is not always equal to the assessed value for property taxes. Your basis is generally your purchase price plus any closing costs. Per the IRS Pub 541: If a partner contributes property to a partnership, the partnership's basis for determining depreciation, depletion, gain, or loss for the property is the same as the partner's adjusted basis for the property when it was contributed, increased by any gain recognized by the partner at the time of contribution. 

 

Additional Information:

 

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M-MTax
Level 15

LLC form 1065

You should absolutely seek guidance from a tax professional for the first year of your LLC (i.e., first return).

 

However, you do not even need to file a 1065 for the LLC if the LLC neither received income nor incurred any expenditures treated as deductions or credits for federal income tax purposes for the 2025 tax year.

 

See https://www.irs.gov/instructions/i1065#en_US_2025_publink11392vd0e555

 

Also note that although the land would be listed on the balance sheet (Schedule L), you would not have to complete Schedule L if the LLC had less than $250,000 in income and assets worth less than $1 million.

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