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I was in almost the exact same boat last year! My business partner and I formed our LLC in late 2022 with grand plans, but then we both got busy with other commitments and it just sat there doing absolutely nothing. I was so stressed when I realized we'd missed the filing deadline. Here's what I learned: Yes, you absolutely need to file Form 1065 even with zero activity. The IRS considers it an "information return" and they expect it regardless of whether money changed hands. The silver lining is that a zero-activity return is actually pretty simple to complete. For the penalties, don't panic! I was facing $420 in late filing penalties ($210 per partner), but I successfully got them completely waived through first-time penalty abatement. The key is to file as soon as possible and include a well-written abatement request explaining that you genuinely didn't understand the filing requirement for inactive entities. My advice: gather your EIN paperwork, prepare to file the 1065 with zeros across the board, include a simple statement that the partnership had no financial activity during the tax year, and submit your penalty abatement request at the same time. Most people in your situation who act quickly and are honest about the mistake get the penalties waived. Also, definitely check your state requirements! Some states have annual fees or filing obligations even for dormant LLCs.
This is really reassuring to hear from someone who went through the exact same situation! I'm curious - when you submitted your penalty abatement request, did you send it separately or include it with the 1065 filing? Also, how long did it take to get approval? I'm trying to figure out the best approach since I'm already pretty late and want to make sure I do this right the first time.
I'm dealing with a very similar situation right now! My LLC has been sitting dormant since I formed it in 2022, and I just realized I've been missing these filings. Reading through all these responses has been incredibly helpful - especially knowing that so many others have successfully gotten penalty abatement for the same issue. One thing I'm still unclear on though - when you file the zero-activity 1065, do you need to include Schedule K-1s for each partner even though everything is zero? I keep seeing conflicting information about this online. Also, for those who successfully got penalty abatement, did you file the abatement request letter separately or include it with your 1065 filing package? I'm planning to get this sorted out ASAP, but I want to make sure I include everything needed the first time around. The last thing I want is to have to go through multiple rounds of correspondence with the IRS!
I've been through this exact situation! I worked at a small cafe getting paid $400-500 cash weekly for over a year. Initially I was terrified about reporting it because I thought I'd owe a huge amount, but here's what I learned: 1. You MUST report all income - the IRS considers all income taxable regardless of how you're paid 2. Since you're depositing the cash, there's already a paper trail. Banks report patterns to the IRS 3. You'll likely need to file as self-employment income on Schedule C since your employer isn't giving you proper tax forms 4. Set aside 25-30% of each payment for taxes (income tax + self-employment tax) The good news is you can deduct work-related expenses like uniforms, transportation, phone bills (if used for work), etc. Keep receipts for everything work-related. Don't wait - start tracking everything now and consider making quarterly estimated tax payments to avoid a big bill at tax time. I wish someone had told me this from the start instead of me panicking about it later. Better to be compliant and sleep peacefully than worry about an audit down the road!
This is really helpful advice! I'm in a similar situation working at a small bakery getting paid cash. One question - you mentioned making quarterly estimated tax payments. How do you figure out how much to pay each quarter? I'm worried about underpaying and getting penalties, but also don't want to overpay and lose money I need for living expenses. Did you use any specific method to calculate the right amount?
For quarterly payments, I use Form 1040ES which has a worksheet to calculate estimated taxes. The basic rule is you need to pay either 90% of this year's tax liability OR 100% of last year's (110% if your prior year AGI was over $150k). Since you're new to self-employment income, I'd suggest calculating based on your expected annual earnings. Take your weekly cash amount Ć 52 weeks, then use the IRS tax tables plus 15.3% for self-employment tax. Divide by 4 for quarterly amounts. For example: if you make $500/week ($26k annually), expect to owe roughly $2,600 in income tax plus $3,700 in self-employment tax = $6,300 total. So quarterly payments of about $1,575 each. It's better to slightly overpay than underpay - you'll get any overpayment back as a refund. The underpayment penalty can be costly if you're significantly short. I actually overpaid my first year because I was so nervous, but getting that refund was better than owing money I didn't have saved up!
I want to echo what others have said - you absolutely need to report this income! I made the mistake of not reporting cash income from my first job out of college and it came back to bite me hard. The IRS has gotten much better at tracking cash deposits and income patterns. Since you're depositing $550-650 weekly into your bank account, that's creating a clear paper trail. Banks are required to report cash deposit patterns, and yours will definitely show up on their radar eventually. You're looking at roughly $28,600-33,800 annually, which is well above the filing threshold. A few practical tips from someone who learned the hard way: - Start keeping detailed records NOW of every shift and payment - Ask your employer for their business tax ID number for your tax forms - If they won't provide a 1099, you'll report on Schedule C as self-employment income - This means you'll owe both regular income tax AND self-employment tax (about 15.3%) - Consider making quarterly estimated payments to avoid a huge tax bill next April The peace of mind from being compliant is worth way more than any short-term savings from not reporting. Trust me, an IRS audit is not something you want to deal with, and the penalties and interest make the situation much worse than just paying the taxes upfront.
Quick question - I'm in a similar situation but my LLC is taxed as an S-Corp. Does that change what I need to file if there was no activity?
Yes, that definitely changes things. With an S-Corp election, you're required to file Form 1120-S every year, even with zero activity. Unlike a disregarded single-member LLC, S-Corps must file their own separate tax return regardless of whether there was any business activity.
Just adding to what Profile 8 said - if you have an S-Corp with no activity, you still need to file the 1120-S, but you also need to be careful about maintaining your S-Corp status. The IRS can terminate S-Corp status if you go too long without business purpose or activity (usually after 3 years of no activity). Might be worth considering if you want to keep the S-Corp election if you don't plan to use the LLC soon.
This is a great question that a lot of new LLC owners face! Just to add another perspective - if you're thinking about keeping the LLC for future use, you might want to consider the ongoing costs vs. the hassle of forming a new one later. In some states, the annual fees are pretty minimal (like $50-100), so it might be worth keeping it active if you think you'll use it in the next few years. But in states like California with that $800 annual fee, it's probably better to dissolve it and just form a new one when you actually need it. Also, make sure you're not missing any deadlines! Some states have specific timeframes for when you need to file annual reports or dissolve the LLC to avoid penalties. I learned this the hard way when I forgot about a deadline and got hit with late fees even though my LLC never made a penny. The IRS filing requirements are definitely confusing for inactive LLCs, but better to be safe and file the appropriate forms with zeros than risk penalties later.
This is really helpful advice about weighing the ongoing costs vs reformation costs! I'm curious - when you say some states have specific timeframes for dissolution to avoid penalties, do you happen to know what the typical window is? I'm wondering if there's like a grace period after formation where you can dissolve without owing the full year's fees, or if you're on the hook for the entire year regardless of when you dissolve. Trying to figure out if I should dissolve my dormant LLC now or wait until closer to the annual filing deadline.
One more consideration that might help with your decision - check if the neighboring state has a reciprocity agreement with your home state. Some states have agreements that can simplify the tax filing process or even eliminate double taxation on certain types of income. Also, don't forget about potential sales tax implications if your project involves selling goods or certain services. Some states require sales tax registration even for temporary business activities, which adds another layer of compliance. If you do move forward, I'd suggest reaching out to a local CPA in the target state who specializes in multi-state businesses. They often have insights about state-specific quirks that generic tax software or general practitioners might miss. The consultation fee upfront could save you from costly mistakes later. Given that this is a $15k project and potentially your first foray into multi-state operations, it might be worth treating this as a learning experience even if the margins are thin. The knowledge and systems you develop now will make future out-of-state opportunities much more profitable.
Great point about reciprocity agreements! I hadn't even considered that possibility. Do you know if there's a central place to look up which states have these agreements, or do I need to check each state's tax department individually? The sales tax angle is another thing I completely overlooked - we're primarily a consulting service but we do occasionally provide some materials as part of our deliverables. I'm starting to realize there are way more compliance layers to consider than I initially thought. Your suggestion about treating this as a learning experience really resonates with me. Even if we barely break even on this first project, having the systems and knowledge in place could make future opportunities much more attractive. Plus, if the client does have additional projects like they mentioned, we'd already have all the groundwork done. I think I'm leaning toward moving forward but definitely getting that CPA consultation first. Better to invest in professional advice upfront than try to figure it out ourselves and potentially mess something up.
For reciprocity agreements, the Federation of Tax Administrators (FTA) website is a good starting point, but honestly the information can be scattered and outdated. Most reciprocity deals are for individual income tax rather than business operations anyway, so they might not apply to your LLC situation. Your best bet is to directly check both states' Department of Revenue websites. Look for publications titled something like "Nonresident Tax Guide" or "Interstate Tax Agreements." Each state usually publishes a list of which other states they have agreements with and what those agreements cover. Since you're in consulting with occasional materials, you'll definitely want to research the sales tax angle. Many states have different thresholds for "occasional sales" vs regular business activity. Some states exempt consulting services entirely, while others tax them. The materials portion could trigger registration requirements even if the consulting portion doesn't. One tip that saved me headaches: when you do get that CPA consultation, ask them specifically about estimated tax payment requirements in the new state. Some states require quarterly payments even for first-year filers, and the penalties for missing those can be steep. It's another cost to factor into your 15% markup calculation.
Yara Nassar
This thread has been incredibly helpful! I'm dealing with a similar situation and wanted to share what I learned from my HR department that might help others. When I asked about the imputed income calculation, they explained that some employers handle the payroll differently - mine actually breaks out the domestic partner portion on my paystub each month so I can track exactly what will be added to my W-2. They label it as "Imputed Income - DP Benefits" which makes it much clearer. Also found out that if your company offers multiple health plan options (like HMO vs PPO), the imputed income calculation can vary significantly between plans since the employer contribution rates are different. In my case, choosing the HMO option reduced the imputed income by about $200/month compared to the PPO, which saves me roughly $600 in taxes annually. One more thing - if you're considering this change, definitely run the numbers during open enrollment when you have time to compare all options. Mid-year changes due to qualifying life events don't always give you the same plan choices, so you might get locked into a more expensive option tax-wise.
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Tyrone Johnson
ā¢This is such valuable info about the different plan options affecting imputed income! I never thought to compare how the employer contribution rates vary between HMO vs PPO plans. That $600 annual tax savings you mentioned could really make a difference in the overall cost analysis. Quick question - when you say your HR breaks out the imputed income on your paystub, does that amount get deducted from your actual take-home pay each month, or is it just shown for tracking purposes? I'm trying to understand if I'll see an immediate impact on my paycheck or if it all just gets reconciled at tax time through my W-2. Also wondering if anyone knows whether the employer contribution rates for different plan types are typically disclosed during open enrollment, or if that's something you have to specifically ask HR about?
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Natasha Kuznetsova
ā¢@7c75534e649d The imputed income amount shown on your paystub is just for tracking purposes - it doesn't get deducted from your actual take-home pay each month. What you'll see is the additional taxes being withheld based on that imputed income amount, but the imputed income itself is essentially "phantom income" that gets added to your total compensation for tax purposes. So if you have $500/month in imputed income, you won't see $500 less in your paycheck, but you will see higher federal, state, and FICA tax withholdings each month because your taxable income is treated as if it's $500 higher. As for employer contribution rates, most companies don't automatically disclose these during open enrollment - you usually have to ask HR specifically. Some companies will provide a "total compensation statement" that breaks down their contributions, but it's not standard. Definitely worth asking about since those contribution differences can significantly impact your tax situation as Yara mentioned!
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Eva St. Cyr
This has been such an informative discussion! I'm in a similar situation and really appreciate everyone sharing their experiences. One thing I wanted to add that might help others - when I was researching this, I discovered that some companies offer "cafeteria plans" or flexible spending accounts that can help offset some of the tax burden from domestic partner benefits. My employer allows me to use pre-tax dollars for certain domestic partner expenses through a dependent care FSA, even though my partner isn't technically a tax dependent. This includes things like their portion of medical expenses, dental, and vision costs that aren't covered by insurance. It's not huge savings, but every bit helps when you're looking at thousands in additional taxable income. Also, if your partner has their own employer that offers domestic partner benefits, it might be worth comparing both options. Sometimes one employer's contribution structure results in less imputed income than the other. We actually ran the numbers both ways and found that adding me to their plan would have resulted in about $300 less annual imputed income than adding them to mine, even though the coverage was very similar. The key is really doing the full financial analysis - don't just look at the premium differences, factor in the tax implications, any FSA opportunities, HSA changes, and compare to marketplace alternatives. It's more complex than regular spouse coverage but definitely manageable once you understand all the pieces!
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