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A few comments:

  • Curious and interesting that you indicate you still have the LLC, yet you filed a final return.
    • Are there plans to use the LLC for another venture?
    • Have you been filing any required secretary of state filings; if any?  A number of states require an annual filing that is completely separate from any income tax filings.
  • How many members were there in the LLC?
  • Without knowing the responses to the above questions, I am going to just provide my thoughts.
  • As noted above, not sure why the LLC was not formally closed with the state.
    • There does not appear to be any active / ongoing business in the LLC.  As such, you should close this out with the respective state.
    • If you decide to begin another business, I would recommend starting a new LLC (or what ever entity structure is appropriate) along with a new operating agreement.
  • Since you filed a final return for the LLC, I believe filing another return would most likely cause confusion with the IRS.
    • The IRS will most likely want to know why no 2021 return if you begin filing again
    • The IRS system, hopefully, has noted that the LLC has filed a final tax return.  If you now file another, who knows what confusion this will bring.
  • I think it would be easiest to allocate the interest to the members in proportion to their LLC interest.  Just advise them of their portion via some type of documentation.
    • If you get a notice from the IRS just reply with the facts
    • Filed a final LLC tax return as was required
    • No further operations in the LLC
    • Unexpectedly received the refund along with interest income; two years later
    • Did not want to cause confusion with the IRS since a final return had been previously filed
    • Notified the respective members of their portion of the interest income and each reported their share on their respective 1040
    • I would include the name, SS# and the respective share of interest for each member in the response letter.
    • Any reply should be sent certified mail return receipt requested
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.

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