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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.
This is really helpful advice about state requirements! I had no idea about the California $800 fee even with zero income - that's brutal. Quick question though: if we dissolve the LLC, do we still need to file the 2024 Form 1065 first, or can we skip straight to dissolution? We're definitely not planning to use this LLC again and those ongoing state fees are exactly what I want to avoid.
I'm dealing with this exact situation right now! Got my CP05 about 3 weeks ago and have been stress-checking my transcript daily. Reading all these responses is honestly making me feel so much better - I was convinced I messed something up on my return. It's wild how the IRS sends these scary-looking letters but doesn't really explain what they mean in plain English. I've been tempted to send in extra documentation "just in case" but after seeing how that backfired for others, I'm definitely going to just wait it out. Thanks everyone for sharing your experiences - this community is a lifesaver! π
Totally get the stress! I'm new here but going through the same thing - got my CP05 about 2 weeks ago and was panicking thinking I screwed up somehow. Reading everyone's experiences here is such a relief! It's crazy how these letters make it sound like you're in trouble when really it's just their standard review process. I was also tempted to send extra docs but definitely holding off now. The daily transcript checking is real though π At least we're all in this waiting game together!
Just wanted to chime in as someone who's been through this exact scenario! Got both CP05 and 4464C letters last year and it was honestly terrifying at first. The key thing everyone's mentioned is spot on - DO NOT send anything proactively! I made that mistake and it added months to my processing time. The CP05 is the important one that means they're reviewing your credits/deductions, while 4464C is more of a "we see your return" acknowledgment. Set up your IRS online account if you haven't already so you can monitor your transcript - it updates more frequently than the phone system. The waiting is absolutely brutal (took me about 18 weeks total) but your refund WILL come through eventually. Stay patient and resist the urge to call or send documents unless they specifically request them. You've got this! πͺ
Just to add another perspective - make sure you're valuing your donated items correctly. The IRS requires you to use "fair market value" which is what someone would reasonably pay for the items in their current condition, not necessarily what you paid for them. For new items you purchased specifically for donation (like your raffle basket items), the purchase price is usually the fair market value. But if you're donating used items, you need to estimate what they'd sell for at a thrift store or garage sale, which could be significantly less than what you originally paid. I learned this the hard way when I donated some gently used clothing and claimed the original retail value. During an audit, the IRS adjusted my deduction to reflect the actual fair market value of used clothing. Now I use resources like the Salvation Army's donation value guide to help estimate appropriate values for used items. Keep detailed records of everything - receipts, photos, written acknowledgments, and your method for determining fair market value. The more documentation you have, the better prepared you'll be if questions arise later.
This is such valuable information about fair market value! I had no idea there was a difference between what I paid and what I could actually deduct. Do you happen to know if there are any other reliable resources besides the Salvation Army guide for determining fair market value? I donate a mix of items throughout the year and want to make sure I'm being accurate with my valuations.
Great question about valuation resources! In addition to the Salvation Army guide, Goodwill also publishes a donation valuation guide that's really helpful. The IRS Publication 561 "Determining the Value of Donated Property" is the official guidance and includes detailed examples for different types of items. For clothing and household items, I also check completed eBay listings to see what similar used items actually sold for - this gives you real market data. Just make sure you're looking at "sold" listings, not just what people are asking for. One thing that's saved me a lot of headache is keeping a simple spreadsheet throughout the year with photos, descriptions, estimated values, and which valuation method I used for each item. When tax time comes around, I have everything organized and can easily justify my valuations if needed. The key is being reasonable and conservative with your estimates. The IRS is much more likely to question inflated values than modest ones, and having a clear methodology shows you made a good faith effort to determine fair market value.
This is incredibly thorough advice! I especially like the idea of checking completed eBay listings for actual market data - that's so much more reliable than just guessing. The spreadsheet approach throughout the year is brilliant too. I've been scrambling at tax time trying to remember what I donated and when. One follow-up question: when you're documenting fair market value for items you purchased new specifically for donation (like the original poster's raffle basket items), do you still need to research comparable values, or is using your purchase receipts sufficient? I'm wondering if there's ever a scenario where what you paid might be higher than fair market value, especially if you bought items on sale or clearance.
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!
Nathan Kim
I'm dealing with this exact same frustrating situation right now! Filed in March owing $15,800 and my online account has been stuck at $0.00 for over 5 weeks. The stress has been killing me because I can see from everyone's experiences that penalties are definitely accumulating behind the scenes. Reading through all these responses has been such an eye-opener - I had no idea this was such a widespread issue during filing season. The penalty math really drives it home though. At 0.5% per month on my balance, that's potentially $79+ every month I wait for their system to catch up. That's money I could be putting toward the actual tax bill instead of throwing away on avoidable penalties! I've been paralyzed by the fear of making a payment when I can't see the balance online, but everyone's experiences show that the Direct Pay system works fine for matching payments to your account via SSN and tax year. My tax return IS the official document showing what I owe - I don't need to wait for some broken website to validate that. I'm going to stop overthinking this and make a payment through Direct Pay today. Even if I start with $10,000 while I arrange financing for the rest, that'll stop penalties from piling up on the majority of my balance. Thanks everyone for sharing your stories - it's clear that waiting for the IRS to fix their display issues just costs us money while their penalty system keeps running in the background. Time to take action based on what I actually filed, not what their glitchy website shows!
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Cassandra Moon
β’You're absolutely doing the right thing by taking action now! I went through this same exact situation earlier this year - filed owing $16,200 and my account showed zero for over 2 months. The anxiety was terrible, but the penalty math finally forced me to stop waiting. On your $15,800 balance, you're looking at nearly $80 monthly in penalties - that's almost $1,000 per year just in penalty fees if you don't act! I calculated that I probably lost around $200 by hesitating for so long before finally making my Direct Pay payment. Your plan to pay $10,000 immediately is smart - that stops penalties on nearly two-thirds of your balance right away. The confirmation process through Direct Pay is really straightforward, and you can verify it processed correctly using that automated phone line (1-888-353-4537) after a few days. What helped me mentally was realizing that your filed tax return is basically your "invoice" from the IRS. You don't need their broken website to confirm what you already calculated and submitted. The payment will get matched to your account correctly using your personal info and tax year. Get that payment in today and you'll feel such relief knowing you stopped the penalty bleeding instead of letting their technical problems cost you hundreds more. Their display issues are their problem - don't make them your expensive problem too!
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Mohammed Khan
I'm going through this exact same nightmare right now! Filed in January owing about $11,300 and my online account has been showing $0.00 for nearly 3 months. The stress has been absolutely unbearable knowing that penalties are accumulating while I can't even see what I owe. After reading everyone's experiences here, I finally understand that I've been making this way more complicated than it needs to be. The penalty math is brutal - 0.5% per month on my balance means I'm potentially losing $56+ every single month I wait for their broken system to update. That's over $500 per year just in avoidable penalty fees! What really clicked for me was realizing that my filed tax return IS the official document showing what I owe. I don't need to wait for some glitchy website to "approve" what I already calculated and submitted to them. The Direct Pay system will match my payment using my SSN and tax year regardless of what their account display shows. I'm done letting their technical problems drain my bank account. Making a Direct Pay payment this afternoon based on exactly what my return shows I owe. Even if I can only pay $8,000 right now, that'll stop penalties on most of my balance while I arrange the rest. Thanks to everyone who shared their stories - sometimes you need to hear from people who've actually lived through this to realize you're overthinking a solvable problem. Don't let the IRS's broken website cost you hundreds in penalties while their systems play catch-up!
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