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Business & farm
Some comments related to your questions:
- When the LLC was formed, in a community property state as stated in the facts, you had the option at that point in time to either file as if the entity was a single member LLC (with two owners) or file a partnership tax return since the entity is "technically" a multi-member LLC. You elected to file as a partnership; and filed form 1065.
- Any deviation from this requires following the formality of an entity conversion; liquidation in your case.
- As a result, I agree with @Anonymous_ in that you need to file a final form 1065 for 2023. Make sure the 1065 indicates final as well as both K-1's.
- There are a number of technical issues that result when a form 1065 (partnership) liquidates, however, since you are filing as husband and wife on a joint tax return, I would imagine most of these issues would not be applicable. Don't have near sufficient facts, but just my guess.
- You do not need to file form 8832 as doing so will only complicate the matter with the IRS.
- The EIN assigned to the LLC filing as a partnership will no longer be used.
*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.
Also keep in mind the date of replies, as tax law changes.
‎December 20, 2023
4:12 PM