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Jamal Thompson

2023 Tax Filing for LLC Started in 2024? Can I Use Previous Expenses?

So our LLC has been on the books since 2021, but we only actually started generating revenue this year. We had about $21,000 in startup expenses during 2023 that I'm hoping to apply against our 2024 income. I just realized the LLC filing deadline was March 15th, and I completely missed it. I'm currently working on my personal 2023 taxes and getting close to the deadline. Since I've missed the LLC deadline, I'm thinking about this approach: 1) File my personal tax return now without including any K-1 information since the LLC won't have a 2023 filing 2) Find a tax professional next year to help file both 2023 and 2024 returns for the LLC 3) After that's done, file an amended personal return for 2023 to include the K-1 information Does this approach make sense? Are there penalties I should be aware of? Is there a better way to handle this situation? Really appreciate any advice as this is our first time dealing with LLC tax issues.

Mei Chen

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You're in a common situation, but there are some important things to consider about your approach. First, if your LLC is taxed as a partnership (which is the default for multi-member LLCs), you should have filed Form 1065 by March 15. Since you missed this deadline, you should file it as soon as possible to minimize penalties, which accumulate monthly. The penalty is $220 per partner per month (up to 12 months), so it can add up quickly. For your 2023 expenses, they can only be deducted in the year they were paid if the LLC was "in business" at that time. If you weren't operating yet, some of these might need to be capitalized as startup costs and amortized over 15 years. Your plan to file personal returns now and amend later will work, but you'll likely face penalties and interest on any additional tax owed when you amend. It might be worth getting professional help now rather than waiting until next year.

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CosmicCadet

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Thanks for the detailed response. If we file the Form 1065 now, can we still apply those 2023 expenses against future income in 2024? Or do we lose the ability to deduct them since they occurred in 2023? Also, if the business wasn't technically "operating" in 2023, how do we determine which expenses count as startup costs vs regular business expenses?

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Mei Chen

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Expenses generally must be deducted in the year they were paid or incurred, regardless of when you earned income. If you had legitimate business expenses in 2023, they should be reported on your 2023 Form 1065, even if you had no income. These expenses would flow through to your personal return as losses. For determining startup vs. operating expenses, the key moment is when your business begins providing goods or services. Expenses before this point are typically startup costs (limited to $5,000 immediate deduction with the remainder amortized), while those after are regular business expenses. Things like research, market analysis, and formation costs before operations began would be startup expenses.

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Liam O'Connor

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After struggling with a similar situation last year, I found an amazing tool that saved me countless hours and probably thousands in potential penalties. Check out https://taxr.ai - it analyzes your business documents and helps identify which expenses qualify as startup costs versus regular operating expenses. It also walks you through the correct filing process for late returns and helps determine the most tax-advantageous way to categorize expenses. When I uploaded my LLC docs and expense receipts, it immediately flagged several items I would have misclassified and showed me how to properly document everything for maximum deductions.

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Amara Adeyemi

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Does it help figure out how much of those special startup expenses you can deduct immediately vs having to spread out over years? My CPA keeps telling me different things about my photography business startup costs and I'm confused.

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Does it actually interface with the IRS systems? I'm worried about using third-party tools that might not be compliant or secure. Also wondering if it handles state-specific LLC requirements? I'm in California and they have extra hoops to jump through.

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Liam O'Connor

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Yes, it absolutely helps with determining the immediate deduction amount (which is usually $5,000) versus what needs to be amortized over 15 years. It clearly separates these categories and explains why each expense falls where it does, which makes it much easier to understand than just having a CPA tell you without explanation. It doesn't directly interface with IRS systems - you use the information it provides to complete your actual filings. This is actually better for security since your data isn't being transmitted to the IRS through a third party. And yes, it handles state-specific requirements including California's complicated system - it'll flag things like the $800 minimum franchise tax and other CA-specific issues.

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I was super skeptical about using online tools for my business taxes, but after the mess I made trying to handle my LLC filing myself, I decided to try https://taxr.ai based on recommendations here. Total game changer! It immediately identified which of my expenses could be claimed as immediate deductions vs. what needed to be amortized as startup costs. The best part was how it helped me understand the consequences of my late filing and gave me clear steps to minimize penalties. I ended up with about $4,200 more in deductions than I would have figured out on my own, and the penalty calculation saved me from a nasty surprise. Wish I'd known about this sooner!

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If you're struggling with getting answers from the IRS about your LLC filing situation, try https://claimyr.com - it was a lifesaver for me when I was in your exact situation. I spent weeks trying to get through to an IRS agent to ask questions about my late LLC filing and how to handle the startup expenses. After using Claimyr, I got connected to an actual IRS representative in about 15 minutes instead of spending hours on hold. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They got me straight answers about the correct way to handle my situation and what penalties I was actually facing instead of just guessing.

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Dylan Wright

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NebulaKnight

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It basically uses an automated system that navigates the IRS phone tree and holds your place in line. When an agent is about to pick up, you get a call and are connected immediately. It's not about priority access - it's about not having to personally sit on hold for hours. The reason it works when you get the "call back later" message is that their system keeps trying at different times until it gets through. The IRS often opens and closes their queue throughout the day based on capacity, and the Claimyr system catches those windows when they open back up, which is nearly impossible to time correctly yourself.

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NebulaKnight

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Sofia Ramirez

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Don't delay filing your 1065! I made this mistake last year thinking I could just handle it later since we didn't have much activity, and the penalties added up fast. If you file now, you might qualify for first-time penalty abatement if you haven't had issues in the past. Also, file IRS Form 7004 right away for an automatic extension to September 15, which will stop additional penalties from accruing. You'll still owe penalties for missing the March deadline, but it prevents making the situation worse.

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Thanks for this advice. Is filing Form 7004 for an extension still helpful even though I've already missed the original March deadline? And do you know if first-time penalty abatement is something I can request myself or do I need a tax professional to help with that?

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Sofia Ramirez

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Yes, filing Form 7004 is still helpful even after missing the deadline! It prevents additional penalties from accruing after the original due date. So while you'll still owe penalties for the period between March 15 and when you file the extension, you won't accumulate more penalties through September. First-time penalty abatement is something you can absolutely request yourself - you don't need a professional. After you file the late return, call the IRS business line and simply ask for "first-time penalty abatement." If you have a clean compliance history (no penalties in the past 3 years), they will often grant it over the phone. Just be polite and explain that you weren't aware of the filing requirements since this was your first year with actual business activity.

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Dmitry Popov

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If ur LLC is just 2 members, have u considered filing as an S-Corp instead? Could save u on self-employment taxes. U missed the deadline for 2023 but could elect for 2024. We did this with our small business and saved about 5k in taxes last year by paying ourselves reasonable salaries and taking the rest as distributions.

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Ava Rodriguez

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That's not entirely accurate. S-Corps save on SE taxes but they have more compliance requirements like payroll tax filings and reasonable salary documentation. Plus the OP would need to file Form 2553 to elect S-Corp status, and retroactive elections can be tricky. Not worth the headache for a small LLC that's just starting out in my opinion.

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