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Business & farm
Well I am impressed that you at least pulled the instructions to the 1065 and began to read them. Nice job.
I am summarizing your facts below to reach the conclusion that I don't believe you need to file a 1065 for 2016:
- Purchased property that is being updated and is not ready to be leased - property is not placed in service and will not be placed in service in 2016, and as such, will not be depreciated. All costs will be capitalized.
- May incur some organizational costs (Section 709) or start-up costs (Section 195) - these costs are capitalized and are either deducted (as allowed) or amortized (as allowed) when you begin your trade or business. You have not begun your trade or business. Ordinarily, a partnership begins business when it starts the business operations for which it was organized. Regulation 1.709-2(c). You have not met this standard.
- In both of these cases, you have not received any income nor incur any expenditures treated as a deduction for federal income tax purposes.
- Note that it is interesting that this "filing" requirement is different than that of an S corporation, but that is what the instructions tell you.
- This language is still currently in the 2016 draft version of the form 1065 instructions https://www.irs.gov/pub/irs-dft/i1065--dft.pdf?_ga=1.253676170.286459965.1455758446
*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.
May 31, 2019
6:12 PM