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The form 1065 instructions literally say "A partnership must file a return for every tax year" with no mentioned exception for zero income. I learned this the hard way. If there's any silver lining, the penalties are based on a per-partner-per-month calculation, so with just 2 members it won't be astronomical if you file soon.
I went through this exact situation two years ago with my multi-member LLC. The bottom line is that partnerships (including multi-member LLCs taxed as partnerships) are required to file Form 1065 annually regardless of income level - even $0 income. Here's what I wish I had known: even though you haven't generated revenue, those startup expenses you mentioned are actually reportable business activities. The IRS considers incurring business expenses as the beginning of operations, which triggers the filing requirement. Don't panic though - you have options. File your 1065 as soon as possible to minimize penalties. The penalty is $210 per partner per month (so $420/month for you two), but it caps at 12 months. More importantly, you can request penalty abatement for "reasonable cause" since this is likely your first partnership return and the rules aren't always crystal clear for new business owners. When you file, make sure to properly categorize those startup costs. Up to $5,000 in startup expenses can be deducted immediately, with the remainder amortized over 15 years. Getting this documentation right from the start will save you headaches when you do start generating revenue. The key is to file now rather than waiting - the IRS is generally more lenient when you self-correct versus when they discover the issue later.
This is really helpful advice - I'm actually in a similar boat with my LLC that I formed last year. Quick question about the penalty abatement process: do you just include a letter with your late filing explaining it's your first time, or is there a specific form you need to submit? Also, did you end up getting the penalties waived completely or just reduced? I'm trying to figure out if it's worth attempting the abatement request or if I should just expect to pay the full penalty amount.
I'm dealing with the exact same situation with our family bakery - filed our ERC claim in June 2023 for about $26,000 and we're now at 19 months with absolutely nothing. The frustration is beyond words at this point. After reading through everyone's experiences here, I'm planning to take a comprehensive approach: filing Form 911 with the Taxpayer Advocate Service immediately, reaching out to my representative's office, and keeping much better documentation of every attempt to contact the IRS (thanks for that spreadsheet tip @Amara Torres). What really bothers me is that we did everything right - qualified for the credit, kept employees on payroll during the worst of COVID, filed through a reputable CPA firm, and now we're being punished by the IRS's complete inability to process claims in a reasonable timeframe. Small businesses like ours operated on faith that the government would follow through on these programs, and instead we're left in financial limbo. The fact that so many of us are sharing the same nightmare experience really highlights how systemic this problem has become. It's not just a few isolated cases - the ERC processing system appears to be fundamentally broken. I'll definitely report back on which approaches work for our situation. Thanks to everyone for sharing real solutions instead of just the usual "call this number and wait" advice that clearly doesn't work anymore.
@Lauren Zeb I m'so sorry you re'going through this nightmare too. 19 months is absolutely unacceptable for any tax refund, especially when small businesses like bakeries operate on such tight cash flow margins. I m'actually new to this community but have been lurking and reading everyone s'experiences because we re'facing a similar situation with our small manufacturing business. Filed in September 2023 and approaching the 18-month mark with zero communication from the IRS. What strikes me most about all these stories is how we re'all having to become amateur IRS investigators just to get basic information about our own refunds. The Form 911 approach seems to be the most promising avenue based on what others have shared here, and I really appreciate everyone documenting which methods actually work versus the standard call "and wait advice" that clearly isn t'functioning. Your point about operating on faith that the government would follow through really resonates. We kept employees during the worst economic crisis, qualified for relief that was promised, and now we re'stuck in this bureaucratic black hole. It s'incredibly frustrating that legitimate businesses are suffering while the IRS can t'seem to manage a program they created. I ll'be following your multi-pronged approach and will definitely share results. Thanks for adding your voice to this discussion - the more we document these experiences, the clearer it becomes that this is a massive systemic failure, not isolated incidents.
I'm so sorry you're dealing with this - your situation sounds exactly like what dozens of other restaurant owners are going through right now. 18 months is absolutely ridiculous for any tax refund, especially when your business is struggling with tight margins. Based on what I've seen work for others in similar situations, I'd recommend a multi-pronged approach: 1. **File Form 911 immediately** - This gets you into the Taxpayer Advocate Service system, which seems to be one of the few IRS channels that actually functions for ERC issues. Since you're at 18 months, you definitely meet their criteria for unreasonable delay. 2. **Contact your congressional representative's office** - They have dedicated caseworkers who can make inquiries through special IRS channels that aren't available to the public. Emphasize the economic impact on your restaurant and employees. 3. **Document everything systematically** - Keep a detailed log of every call attempt, reference numbers, dates, and responses. This documentation becomes crucial when you escalate through the Taxpayer Advocate Service or congressional inquiry. 4. **Try calling the ERC hotline (877-777-4778) right at 7:00 AM Eastern** - Several people here have had better luck getting through at that exact time, though it still requires multiple attempts over several days. The restaurant industry got hit harder than most during COVID, and you absolutely deserve the relief you qualified for. Don't let your accountant's "these things take time" response discourage you from pursuing every available avenue - 18 months is not normal processing time, it's bureaucratic failure. Keep fighting for what's rightfully yours, and please update us on what works. Every success story helps other small business owners know which approaches are worth trying.
Great question! Yes, you'll still get credit for all the federal taxes that have already been withheld this year, even if you switch to exempt status now. When you file your tax return, the IRS looks at your total tax liability for the entire year versus the total amount withheld throughout the year - it doesn't matter when during the year those withholdings occurred. A few things to keep in mind as you make this change: 1. **Safe Harbor Rule**: Make sure you won't owe more than $1,000 at tax time, or that you've paid at least 90% of this year's tax liability or 100% of last year's (whichever is smaller) to avoid underpayment penalties. 2. **State Taxes**: Don't forget to consider your state withholding situation separately. You can often adjust federal and state withholdings independently on your W-4. 3. **Set Aside Money**: Since you'll be getting larger paychecks, make sure to consistently set aside the amount you would have paid in taxes. It's easy to spend that extra money if you're not disciplined about saving it. 4. **Monitor Throughout the Year**: Consider using the IRS withholding calculator or tax software periodically to make sure you're still on track, especially if your income changes. Since you mentioned you're good with managing money, this approach can definitely work well and give you more control over your cash flow throughout the year.
This is exactly the comprehensive answer I was looking for! Thank you for breaking down all the key considerations. The safe harbor rule explanation is particularly helpful - I didn't realize there were two different thresholds to choose from (90% of this year vs 100% of last year). Your point about monitoring throughout the year is spot on. I'm thinking I'll probably check in quarterly to make sure I'm still on track, especially since my income can vary a bit with overtime and bonuses. One follow-up question - when you mention setting aside money consistently, do you have any suggestions for the best way to automate that? Like should I set up an automatic transfer to a separate savings account for the amount I would have paid in taxes?
Absolutely! Setting up automatic transfers is one of the smartest moves you can make when going exempt. Here are a few approaches that work well: **Option 1**: Calculate your effective tax rate from last year (total tax รท total income) and automatically transfer that percentage of each paycheck to a high-yield savings account labeled "Tax Fund." This keeps it simple and consistent. **Option 2**: If your paychecks vary, set up the transfer for a fixed dollar amount based on your average expected tax per pay period. You can always adjust it quarterly when you review your situation. **Option 3**: Some people like to transfer slightly more than they think they'll need (maybe 25-30% of the gross pay increase from going exempt) to build in a buffer for unexpected income or tax changes. I'd recommend using a separate savings account specifically for taxes so you're not tempted to spend it, and ideally one that earns some interest since you'll be holding this money for several months. Some banks even let you set up automatic transfers that happen the same day your paycheck hits, so it's out of sight immediately. The key is making it automatic so you don't have to think about it or rely on willpower each pay period.
Another thing to consider is how changing to exempt status might affect other deductions or credits you're planning to claim. For example, if you contribute to a traditional 401(k) or have other pre-tax deductions, those will still reduce your taxable income even if you're not having taxes withheld from your paychecks. I switched to exempt status a few years ago and found it helpful to create a simple spreadsheet tracking my gross pay, pre-tax deductions, and estimated tax liability each month. This gave me a clearer picture of exactly how much I should be setting aside. One unexpected benefit was that it made me much more aware of my actual tax situation throughout the year, rather than just getting surprised (good or bad) when filing. You might find that having this visibility helps you make better financial decisions, like timing certain deductions or planning major purchases around your tax obligations. Just remember that if your life circumstances change significantly (marriage, divorce, new dependents, major medical expenses), you'll want to recalculate your withholding strategy since these can all impact your tax liability.
This is such a great point about becoming more aware of your tax situation! I never thought about how going exempt would actually make me pay more attention to my finances throughout the year instead of just being on autopilot with withholding. The spreadsheet idea sounds really smart too. Do you track anything else in there besides gross pay, pre-tax deductions, and estimated tax liability? Like do you include things like charitable donations or other potential deductions that might affect your final tax bill? I'm starting to think this change might actually help me be more strategic about my overall financial planning, not just taxes.
I've been in your exact situation before and it's so frustrating! The "information not available" message is unfortunately very common after setting up a payment plan - the IRS systems just don't communicate well with each other. Here's what I'd strongly recommend: Don't make any payments until you know your exact balance. I made that mistake and it created more headaches later when trying to track what I still owed. Your best bet is to request an Account Transcript through the same ID.me portal you're already using. Go to "Get Transcript" and select "Account Transcript" for the tax year in question. This transcript typically shows your current balance including accrued interest and penalties, even when the main account page is broken. If the transcript still doesn't help, you'll need to call the IRS using the specific phone number on your payment plan agreement (not the general customer service line). Have your payment plan agreement number ready along with the usual identity verification info. One important thing to remember: interest is still accruing daily on your $2,800 balance at the current federal rate (around 8% annually). So on a 180-day plan, you're looking at roughly $110-120 in additional interest if you spread payments evenly. The sooner you start paying, the less total interest you'll pay. Also keep in mind that the IRS applies payments to interest first, then penalties, then principal - so you want to make sure you're paying enough to make meaningful progress on the actual tax debt. The account transcript method worked for me when nothing else would - hopefully it helps you too!
This is really comprehensive advice! I'm actually dealing with a similar issue right now where my payment plan shows as approved but the online portal is completely useless. One thing I'm curious about - when you mention the Account Transcript showing the balance "even when the main account page is broken" - does it show the balance as of the payment plan setup date, or does it reflect real-time interest accrual? I'm trying to figure out if I need to calculate additional interest that's accumulated since the transcript date, or if it's current as of when I view it. Also, really appreciate the heads up about the payment application order (interest first, then penalties, then principal). I had no idea about that - definitely changes how I need to think about my payment amounts to make sure I'm actually chipping away at the main debt and not just covering interest.
@Yuki Nakamura Great question about the transcript timing! The Account Transcript shows your balance as of the date the transcript was generated, not real-time. So if there s'been a gap between when you request it and when you re'making payments, you ll'need to account for additional daily interest that s'accrued since the transcript date. The daily interest calculation is pretty straightforward: take your current balance, multiply by the annual interest rate currently (around 8% ,)then divide by 365 days. So on a $2,800 balance, you re'looking at about $0.61 per day in additional interest. The payment application order is definitely something more people should know about! It can be really frustrating when you think you re'making progress on the principal but most of your payment is going to interest and penalties first. That s'why it s'so important to know your exact breakdown before you start paying - you want to make sure your payments are large enough to meaningfully reduce the actual tax debt, not just cover the carrying costs. If you can pay more than the minimum required amount, even an extra $50-100 per payment makes a huge difference in reducing your total interest over the 180-day period.
I completely understand your frustration - I went through this exact same issue about 6 months ago! The "information not available" message after setting up a payment plan is incredibly common and so stressful when you're trying to be responsible. Here's what worked for me: First, try getting your Account Transcript through the same ID.me portal (under "Get Transcript" then "Account Transcript"). The transcript usually updates much faster than the main account page and will show your current balance breakdown including interest and penalties. If that doesn't work or you want to double-check the numbers, definitely call the specific phone number listed on your payment plan agreement letter - NOT the general IRS customer service line. The payment plan specialists typically have shorter wait times and can give you your exact current balance over the phone. Whatever you do, don't start making payments without knowing the exact amount. Interest is still accruing daily (currently around 8% annually), and the IRS applies payments to interest first, then penalties, then principal. On your $2,800 balance over 180 days, you're looking at roughly $110-120 in additional interest if payments are spread evenly. The good news is that once you get the balance figured out, you have plenty of time with the 180-day plan to pay it off early and save on interest. The uncertainty is definitely the worst part - once you have the numbers, it becomes much more manageable!
This is such helpful advice! I'm actually in a very similar situation right now where my payment plan was approved but the online portal just shows that frustrating "information not available" message. It's been about 2 weeks since approval and I'm getting anxious about when to start payments. I had no idea about the Account Transcript option - that sounds like it could be a game changer if it updates faster than the main account page. I'm definitely going to try that first thing tomorrow. One question about the interest calculation you mentioned - when you say it's around $110-120 over 180 days, is that assuming you make equal monthly payments, or is that the total if you don't pay anything until the end? I'm hoping to pay more upfront to minimize the total interest, but want to make sure I understand how the daily accrual works with partial payments. Also really appreciate the tip about using the payment plan specific phone number instead of the general line. After hearing horror stories about 3+ hour wait times, I've been putting off calling, but if the specialized line is more manageable that changes everything.
Paolo Moretti
I made the switch from TurboTax to Column Tax this year and honestly wish I'd done it sooner! Filed about 2 weeks ago and just got my refund yesterday - super quick turnaround. The whole process was way less stressful than dealing with TurboTax's constant upselling. Column's interface is clean and straightforward, plus it's significantly cheaper. For basic returns like mine (W-2, standard deduction, some student loan interest) it handled everything perfectly. The only thing I'd recommend is having all your documents organized beforehand since it moves through the process pretty efficiently. Overall really happy with the switch!
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Ben Cooper
โข@Paolo Moretti That s'awesome to hear! I m'definitely convinced to make the switch now. Two weeks turnaround is exactly what I m'hoping for. Quick question - did you have to manually input all your tax info or does Column Tax import from previous years/other software like TurboTax does? I m'wondering if I ll'need to dig up all my old documents or if there s'an easier way to transfer everything over from my TurboTax account.
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Jamal Brown
โข@Paolo Moretti @Ben Cooper From what I ve experienced,'Column Tax can import some basic info from previous years if you upload your prior year return PDF , (but)it s not'as seamless as TurboTax s year-to-year'transfer. You ll likely'need to manually input your current year documents like W-2s and 1099s, but honestly it only takes a few extra minutes and the interface makes it pretty painless. I d recommend'gathering your docs beforehand - W-2s, any 1099s, student loan interest statements, etc. The trade-off of a few minutes of manual entry for the cost savings and better experience is totally worth it imo!
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StarSeeker
I actually just switched from TurboTax to Column Tax this year after dealing with their ridiculous price increases and constant upselling. Filed 3 days ago and the whole experience was so much smoother! The interface is way cleaner and more intuitive - no annoying popups trying to get me to upgrade every 5 seconds. Cost me like $25 compared to the $120 TurboTax wanted for basically the same service. Still waiting on my refund but based on what everyone's saying here, sounds like I should expect it pretty soon. Honestly kicking myself for not making this switch years ago. The only thing is you do need to be a bit more organized with your documents since it doesn't hold your hand as much, but that's honestly refreshing after TurboTax's hand-holding turned into aggressive upselling lol
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