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hzcohen
New Member

I got my EIN number only this year do i still need to file a return

i opened the llc company in 2018- the business was not active at 2018 at all.

i got my EIN mumber from IRS only at 2019.

do i still need to file taxes? even if i didn't had my federal identification number?

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1 Best answer

Accepted Solutions
Coleen3
Intuit Alumni

I got my EIN number only this year do i still need to file a return

A two member LLC must file a Partnership return regardless of whether or not there was income. Use your EIN.

Partnerships and corporations have different standards for filing an information return or income tax return.

  • A domestic partnership must file an information return, unless it neither receives gross income nor pays or incurs any amount treated as a deduction or credit for federal tax purposes.
  • A foreign partnership generally must file an information return if:
    • It has gross income effectively connected with the conduct of a trade or business within the United States,
    • It has gross income derived from sources in the United States, or
    • It or its U.S. partner is making an election, such as an election to amortize organization expenses.

Refer to the Instructions for Form 1065, U.S. Return of Partnership Income for exceptions to filing requirements.

  • A domestic corporation (including a Subchapter S corporation) must file an income tax return whether it has taxable income or not, unless it's exempt from filing under section 501.
  • A foreign corporation generally must file an income tax return if it:
    • Engages in a trade or business in the United States, even if it has no income effectively connected with the conduct of a trade or business in the United States during the taxable year,
    • Has income, gains or losses treated as if effectively connected with the conduct of a U.S. trade or business and subject to taxation under subtitle A of the Internal Revenue Code (relating to income taxes), or
    • Doesn't engage in a trade or business in the United States at any time during the taxable year but has U.S. source income, and the withholding at source under Chapter 3 of the Internal Revenue Code didn't fully satisfy its taxation.

https://www.irs.gov/faqs/small-business-self-employed-other-business/entities/entities-4

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3 Replies
Coleen3
Intuit Alumni

I got my EIN number only this year do i still need to file a return

Was it a single member LLC?
hzcohen
New Member

I got my EIN number only this year do i still need to file a return

2 members
Coleen3
Intuit Alumni

I got my EIN number only this year do i still need to file a return

A two member LLC must file a Partnership return regardless of whether or not there was income. Use your EIN.

Partnerships and corporations have different standards for filing an information return or income tax return.

  • A domestic partnership must file an information return, unless it neither receives gross income nor pays or incurs any amount treated as a deduction or credit for federal tax purposes.
  • A foreign partnership generally must file an information return if:
    • It has gross income effectively connected with the conduct of a trade or business within the United States,
    • It has gross income derived from sources in the United States, or
    • It or its U.S. partner is making an election, such as an election to amortize organization expenses.

Refer to the Instructions for Form 1065, U.S. Return of Partnership Income for exceptions to filing requirements.

  • A domestic corporation (including a Subchapter S corporation) must file an income tax return whether it has taxable income or not, unless it's exempt from filing under section 501.
  • A foreign corporation generally must file an income tax return if it:
    • Engages in a trade or business in the United States, even if it has no income effectively connected with the conduct of a trade or business in the United States during the taxable year,
    • Has income, gains or losses treated as if effectively connected with the conduct of a U.S. trade or business and subject to taxation under subtitle A of the Internal Revenue Code (relating to income taxes), or
    • Doesn't engage in a trade or business in the United States at any time during the taxable year but has U.S. source income, and the withholding at source under Chapter 3 of the Internal Revenue Code didn't fully satisfy its taxation.

https://www.irs.gov/faqs/small-business-self-employed-other-business/entities/entities-4

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