WI Multimember LLC

[Krott248]

If my husband opened a LLC in 2021 with no activity other than establishing a Federal EIN number, do we have to fill out the 1065 Form?

[Rick19744]

No based on the following in the 1065 instructions

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.

[Krott248]

Sounds good 👍.  If the EIN exists,  does anyone know how the IRS differentiates between a LLC that did not exist other than having a tax ID number versus thinking we forgot to file and therefore incurring late fees?  Thank you kindly!

[Rick19744]

The IRS has their ways, however, if they told you, they would ............... 😂

[nailgafarov]

If Partnership llc didn't get income but partners send money into bank account 1065 should be filed?

[AliciaP1]

No, partner contributions do not constitute earned income to the partnership.

@nailgafarov