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Returning Member
posted Mar 10, 2022 12:17:48 PM

Partnership EFile fail because general partner is a living trust. How to override dilemma?

Because the general partner (GP) is a living trust, its EIN is a social security number (SSN). (A) because GP is an entity, an individual must be designated to represent it. (B) because GP has an SSN, an individual must NOT be designated. (A) and (B) are mutually exclusive so it is a dilemma. Need to choose (A) and force the EFile. How can I do that? 

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4 Replies
Level 13
Mar 10, 2022 1:03:16 PM

You need to expand on your question.

Are you referring to the designated partnership representative?

Returning Member
Mar 10, 2022 2:50:47 PM

Yes, "designated individual for the PR"

Level 13
Mar 10, 2022 5:06:39 PM

The Designated Partnership Representative can be anyone; this individual does not even have to be a current partner.  The IRS wants a specifically designated individual to be listed as this person will be the contact person who the IRS will deal with if audited or has questions; correspondence, etc.

See the attached from the instructions:

On Form 1065, provide the name, address, and phone number of the PR. If an entity is designated as the PR, the partnership must also appoint an individual to act on the entity's behalf (a designated individual (DI)). To be a DI, the appointed person must also have a substantial presence in the United States.

Returning Member
Mar 10, 2022 8:23:11 PM

This is a software problem. The software designers apparently never imagined that a PR entity would have a SSN. Consequently, the program will not carry out electronic filing if the PR has a SSN and (A) representative is designated or (B) a representative is NOT designated. My question is how can I override this software issue? Hopefully, one of your software designers can offer a solution.