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.

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