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My father-in-law passed away a few months back and left behind a mobile home that we recently sold. Our family is trying to figure out the tax situation now. There's an executor of the estate and 5 beneficiaries who each get 20% of everything. The executor sold the mobile home (which was on rented land, not considered real property) for $98,000. It was originally worth about $65,000 when my father-in-law passed. The proceeds were split equally among beneficiaries after covering expenses. What I'm confused about is who owes taxes on this and how much? To complicate things, I just found out my spouse's siblings decided to put the mobile home in someone else's name (not one of them), have that person receive 100% of the proceeds, and then distribute the money equally afterward. They put this in a signed contract. The mobile home was completely paid off when my father-in-law passed away. So who is responsible for the taxes in this situation? The executor? Each beneficiary? Or the person whose name was on the sale?
I've got this small LLC that I started with a couple friends back in 2022. We had some big ideas but honestly nothing really materialized. The guy who usually handled our taxes can't do it this year, so now it's on me to figure out. The LLC literally had zero income and zero expenses for the year. Complete ghost town in terms of activity. I know I need to file Form 1065, and I've downloaded it directly from the IRS website. I've been reading through all the instructions (boring as hell) but I can't seem to find anything about what it actually costs to file this thing. Since we've got no income or activity, I'm hoping it's minimal or free. Do I just fill out the Form 1065 and drop it in the mail? Is there a filing fee I'm missing somewhere? Not trying to mess this up and get hit with penalties. Appreciate any help from folks who've done this before!
Heads up! If your LLC elected S-Corporation status at any point, you need to file Form 1120-S instead of 1065. Made this mistake my first year and got a nasty letter from the IRS. Double check your entity classification before filing.
How would you know if your LLC has S-Corp status? We set up our LLC through LegalZoom a few years ago and I'm not sure what elections were made.
You would have had to specifically file Form 2553 (Election by a Small Business Corporation) with the IRS to obtain S-Corporation status. It doesn't happen automatically. You can confirm your entity's filing status by: 1) Looking at last year's tax return - if you filed Form 1120-S previously, you're an S-Corp. If you filed 1065, you're a partnership. 2) Calling the IRS Business line (with patience or using Claimyr) and asking them to confirm your entity's classification. 3) Checking your formation documents and any subsequent IRS correspondence. S-Corp election approval comes as a specific letter from the IRS. If you never specifically elected S-Corp status, then as a multi-member LLC you're almost certainly classified as a partnership for tax purposes and need to file Form 1065.
Just to clarify something that might be confusing from the thread - while there's no IRS filing fee for Form 1065, don't forget about your state requirements! Even with zero activity, many states still require annual filings and fees. For example, if you're in California, you'll owe the $800 minimum franchise tax even with no income. Texas has a "no tax due" report that still needs to be filed. Each state is different, so check your state's Secretary of State website or Department of Revenue. Also, since you mentioned this LLC has been inactive, you might want to consider formally dissolving it if you don't plan to use it. This could save you from ongoing state fees and annual filing requirements. You'd need to file a final Form 1065 (checking the "final return" box) and handle the state dissolution process, but it might be worth it long-term.
Title: Filing for a partnership with no revenue - How to submit Form 1065 online when we haven't had sales yet? 1 Hello Reddit tax folks! My sister and I formed a partnership last year but we're totally confused about our tax filing obligations. We haven't actually launched our business operations yet - literally all we've done is register the partnership and purchase a laptop for business use. We haven't made a single sale and don't have any real expenses besides that laptop. Do we still need to go through the hassle of filing a Form 1065 for the previous tax year even though we have zero revenue? Is there some kind of simplified process for partnerships that haven't officially started operating? We're both complete beginners when it comes to business taxes and partnership returns. Any guidance would be super appreciated! Thanks in advance for your help! :
11 Is anyone else confused about the Schedule K-1 requirements for a partnership with zero income? Our CPA wants to charge us $400 to prepare these forms even though we literally did nothing last year except form the LLC.
14 K-1s are required regardless of activity level. Each partner gets one showing their share of income/loss (even if zero) and any basis adjustments from assets like your laptop. The $400 seems high for a no-activity partnership, but not outrageous for professional preparation.
22 Quick tip from someone who's been there - if you're filing late for your partnership, include a letter explaining that you're first-time business owners who were unaware of the filing requirements. The IRS often waives penalties for first-time filers if you have a reasonable explanation!
18 Does that actually work? We're almost 2 months late at this point and freaking out about potential penalties.
Yes, it absolutely can work! I was about 3 months late filing our partnership return and submitted a reasonable cause letter explaining we were new business owners who didn't understand the filing requirements. The IRS completely waived the penalties - saved us over $400. Just be honest about being first-time filers and include your filing as soon as possible. The sooner you file with the explanation, the better your chances of getting the penalties removed.
Title: Preparing Business Taxes for New LLC That Hasn't Started Operations Yet? 1 In January I established a residential landscaping LLC with my business partner that won't actually begin operations until later this spring. We created the 2-member LLC back in January but haven't really done anything except deposit about $8,000 into a business savings account to save for equipment and startup costs. We literally haven't made a single transaction beyond that initial funding. I'm completely new to business taxes and just realized I need to handle this within the next couple days. Since we have no income or expenses yet (just that initial investment sitting in savings), what's the simplest/most affordable way for us to deal with our tax filing? I'm assuming it should be pretty straightforward since we haven't actually started operating, but would appreciate guidance on the best approach given our circumstances.
5 Just wanted to add - if you use tax software like TurboTax Business or H&R Block Business, they can walk you through filing a return for an LLC that hasn't begun operations yet. I was in exactly your position last year with my consulting business. The key thing is that your initial $8k contribution is not taxable revenue - it's just capital investment. The software will have you enter this as partner contributions. Since you have no income or expenses yet, most of the forms will be zeros, but you still need to file.
16 Do you know roughly what it costs to file a simple business return like this through tax software? I'm in the planning stages of starting a food truck and trying to budget for everything.
5 When I did mine last year through TurboTax Business, it was around $170 for the federal partnership return. H&R Block Business was slightly cheaper at about $150. Both included one state filing in that price. For a super simple return like yours with essentially no transactions, it might feel expensive, but the software does make it pretty foolproof for beginners. They walk you through each step and explain what information goes where. Plus, it establishes a good foundation for next year when you'll have actual operations to report.
25 Something nobody mentioned - make sure you check local tax requirements too! I found out the hard way that my city requires a business license and annual business tax return even if your business hasn't started operating yet. Cost me a $75 late fee because I didn't realize this applied to "pre-revenue" businesses.
19 That's an excellent point. I had a similar issue with my county requiring a personal property tax filing for business equipment even though I was pre-launch. Do you happen to know if these local business taxes are deductible on federal returns once you do start operating?
Yes, local business taxes and licensing fees are generally deductible as business expenses once you start operations. These would typically fall under "taxes and licenses" on your business tax return. Just make sure to keep good records of all these payments - I learned to set up a separate folder for all pre-launch expenses since they can add up quickly between city licenses, county fees, state registrations, etc. Your accountant or tax software should be able to help categorize them properly when you file next year with actual business activity.
My wife and I both work full-time with about a $27k difference in our base salaries (I make more). We've already completed our 2021 taxes and want to file jointly for 2022. I'm trying to figure out the smartest way to fill out our W4 forms to maximize our take-home pay while avoiding a big refund or payment when we file in 2023. I want to take advantage of any marriage benefits available to us. I'm confused about Step 2 on the W4 form - which option would be ideal for our situation? If I go with option 2(b), I know I need to determine the correct withholding amount for entry 4(c), but does my wife also need to do this on her W4? Should we both be making adjustments, or just one of us? I started using a SmartAsset paycheck calculator but got confused about how to properly input our information. Does anyone have experience optimizing W4 withholding for married couples with different income levels?
Thank you all for the amazing advice! I talked to my wife and we decided to use the IRS Tax Withholding Estimator first to get a baseline. It recommended that I (higher earner) check box 2(c) and add about $55 per paycheck in section 4(c), while she should just select "Married Filing Jointly" without checking 2(c). We're going to submit these changes to our employers this week. I'm really grateful for all the detailed explanations - the W4 form is surprisingly complex for something that seems like it should be straightforward!
You're welcome! That approach sounds solid and should get you pretty close to the right withholding. Just remember to revisit it if either of you gets a raise or bonus during the year. The new W4 is definitely more complex than the old one but actually works better for two-income households once you figure it out.
Great to see you got it sorted out! Just wanted to add one more tip that helped us - consider doing a "paycheck checkup" around mid-year (July/August) to see if you're on track. You can look at your year-to-date withholding on your pay stubs and compare it to what you actually owed last year (adjusted for any salary changes). If you're way off, you can always submit updated W4s to fine-tune the withholding for the rest of the year. We learned this the hard way after implementing our changes in March and realizing we were still slightly underwithholding by summer. Also, keep in mind that if either of you gets a significant raise or bonus during the year, it might throw off your calculations since bonuses are often withheld at a flat 22% rate which might not match your actual tax bracket.
Jamal Wilson
Don't forget to look into state taxes too! Federal is only part of it. Some states have inheritance taxes that are separate from federal estate taxes. For example, in PA where I live, there's an inheritance tax even if the estate is below the federal threshold.
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Mei Lin
This is super important. I got hit with a state inheritance tax I didn't know about when my aunt passed. And the rates can be different depending on your relationship to the deceased. Like in Iowa, lineal descendants pay less than siblings who pay less than non-relatives.
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AstroAdventurer
This is a complex situation that really highlights why estate planning and proper documentation are so important. Based on what you've described, it sounds like the estate should be filing Form 1041 since the mobile home was still owned by the estate at the time of sale. The arrangement where your in-laws put the property in someone else's name for the sale creates some potential complications. That person might technically be considered the seller for tax purposes, even if they're just acting as an agent. The signed contract you mentioned should specify whether they're acting on behalf of the estate or the beneficiaries. Given the $33,000 gain and the unusual sale arrangement, I'd strongly recommend consulting with a tax professional or estate attorney who can review the specific contract language and advise on the proper reporting. The IRS can be very particular about how these transactions are structured and reported, especially when there are agency relationships involved. Also, make sure the executor is aware of their filing obligations - they may need to file Form 1041 even if the estate doesn't owe any tax, depending on the gross income of the estate.
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