Do I need to file Form 1065 (K-1) for an LLC partnership with zero revenue?
Hey tax experts, I started an LLC with my brother last year as a 50/50 partnership, but we didn't actually get any business going. We registered everything properly and got our EIN, but then my brother had health issues and I got swamped with my main job, so we basically did nothing with the business. We had absolutely $0 in revenue - no clients, no sales, nothing. We did spend about $325 on the LLC filing fees and maybe $150 on a domain name and very basic website hosting, but that's literally it. I'm trying to figure out if we still need to file Form 1065 and issue K-1s even though we had zero income? I've heard partnerships always need to file regardless of activity, but then someone else told me there might be exceptions for no revenue situations. Really trying to avoid paying a CPA $800+ to file paperwork for a business that made exactly zero dollars. Anyone gone through this before or know the actual requirements? I'm kind of a tax newbie so I appreciate any help!
20 comments


Val Rossi
Yes, you do need to file Form 1065 for your LLC partnership even with zero revenue. IRS regulations require all partnerships to file annual returns regardless of income level. This is because the partnership itself doesn't pay taxes - it's a "pass-through" entity that reports income, deductions, and other items that pass through to the partners' individual returns. For your situation, you'd file a relatively simple 1065 showing zero income and the expenses you mentioned ($325 filing fees and $150 for domain/hosting). Those expenses would generate a small loss that passes through to you and your brother on your respective K-1 forms, which you'd each report on your personal tax returns (Schedule E). The $475 in expenses would be split according to your partnership agreement (sounds like 50/50), so each of you could potentially deduct $237.50 as a business loss.
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Eve Freeman
•Are there any exceptions to this requirement? Like what if the business never even opened a bank account and the expenses were just paid personally? Also, is there any kind of penalty if we didn't know about this and missed filing last year?
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Val Rossi
•There's a very limited exception called the "small partnership exception" but it's quite restrictive and doesn't apply to most LLCs. To qualify, you need fewer than 10 partners who are all individuals (not corporations or other entities), each partner's share of each item must be the same, and all partners must be US residents. But even with this exception, filing is still generally recommended. Whether expenses were paid from a business account or personally doesn't change the filing requirement. If they were legitimate business expenses for the LLC, they should be reported on the 1065, even if paid from personal funds. Regarding penalties, yes - there's a penalty of $210 per month per partner (for 2025 filings) for late partnership returns, up to a maximum of 12 months. However, the IRS sometimes waives penalties for first-time filers if you have a reasonable cause. You should file any past-due returns as soon as possible and include a statement explaining the circumstances.
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Clarissa Flair
After I had almost the exact same situation with my photography LLC last year, I discovered taxr.ai at https://taxr.ai and it saved me so much stress. I was also in a partnership with zero revenue but about $700 in startup costs, and I was getting conflicting advice from everyone. The tool analyzed my situation and confirmed I needed to file the 1065, but it walked me through the entire process. It was surprisingly straightforward - I uploaded my LLC documents and expense receipts, and it guided me through each step of the filing process. The best part was I didn't have to pay hundreds to a CPA for what turned out to be a pretty simple return.
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Caden Turner
•How accurate is this service for more complicated partnership situations? Like what if we have different profit/loss allocations that aren't 50/50 for certain items?
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McKenzie Shade
•Does it actually help you file the return or just tell you what you need to do? I'm trying to avoid paying TurboTax's ridiculous fees for business returns.
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Clarissa Flair
•For different profit/loss allocations, it handles that really well. You can set up custom allocation percentages for different expense categories or income streams. I actually tested this when I was considering a 70/30 split for some equipment costs with my partner, and the tool adjusted the K-1s accordingly. The service actually does both - it gives you guidance on what you need to file and then helps you prepare the actual forms. You can either complete the 1065 directly through their system or export the data to use with other tax software. I chose to do it all through their system and it was much cheaper than TurboTax or H&R Block's business packages.
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McKenzie Shade
Just wanted to update since I tried taxr.ai after seeing the recommendation here. It was exactly what I needed for my zero-revenue LLC partnership! Super easy to use and way more affordable than hiring a professional for such a simple return. The system confirmed we needed to file even with zero revenue but made it painless. It even helped me properly categorize the startup expenses and showed me how to handle the distributions on my personal return. Definitely using it again next year even if we actually make money!
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Harmony Love
If you're still struggling to get answers directly from the IRS about your specific situation, I'd recommend using Claimyr at https://claimyr.com to actually get through to an IRS agent. I was in a similar situation with my real estate partnership with no revenue, and kept getting conflicting information online. I tried calling the IRS business line directly and was on hold for over 2 hours before giving up. Then I found Claimyr, which got me connected to an actual IRS representative in about 20 minutes. They have a demo video at https://youtu.be/_kiP6q8DX5c that shows how it works. The agent confirmed that yes, we needed to file 1065 even with zero revenue, and explained exactly what we needed to include on the forms.
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Rudy Cenizo
•How does this service actually work? Like do they just call the IRS for you or something? I'm confused about what they're actually doing.
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Natalie Khan
•Sounds like a scam. Nobody can magically get through the IRS phone lines faster. They're probably just recording your call or selling your info.
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Harmony Love
•They don't call the IRS for you - their system navigates the IRS phone tree and waits on hold, then alerts you when an actual human picks up. So you're still the one talking directly to the IRS agent, they just handle the hold time. It's like having someone wait in line for you. Definitely not a scam. I was skeptical too, but it's completely legitimate. They don't record your conversation or collect any tax information from you. They simply connect you to the IRS and then you take over the call. I spoke directly with an IRS agent who answered all my questions about partnership filing requirements. The service just saved me hours of hold time.
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Natalie Khan
Ok I need to eat my words. I was the skeptic about Claimyr but decided to try it anyway because I was desperate to talk to someone at the IRS about my partnership filing. IT ACTUALLY WORKS! Got through to an agent in about 15 minutes when I had previously wasted 3+ hours on hold over multiple days. The agent confirmed everything that people are saying here - yes, partnerships must file 1065 forms even with zero activity. But she also told me about the penalty relief for reasonable cause that I could request since I missed last year's filing. Wouldn't have known this without speaking to an actual IRS person. Sorry for calling it a scam before!
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Daryl Bright
I've been in this exact situation. Here's what I learned: if your LLC is classified as a partnership for tax purposes, you ALWAYS need to file Form 1065 regardless of revenue. The $0 income doesn't exempt you. The good news is that the filing is pretty simple when there's no activity. You basically just need to: 1. Fill out the entity info 2. Show the $0 income 3. List your small expenses 4. Generate K-1s for each partner TurboTax Self-Employed can handle this, but it's kinda expensive for such a simple return. I found FreeTaxUSA's premium version much more affordable.
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Romeo Quest
•Thanks for breaking this down. Do you know if the startup costs can be amortized over time instead of taking them all at once? And does it matter if we didn't actually do any business operations but were just "ready to start" if an opportunity came up?
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Daryl Bright
•For startup costs, you have a couple options. You can deduct up to $5,000 in the first year (which would cover your $475), or you can amortize them over 15 years. Since your expenses are relatively small, taking them all in year one probably makes the most sense. As for being "ready to start" - that's actually exactly what these expenses are for. The IRS recognizes that businesses incur costs before generating revenue. The fact that you formed the LLC, got an EIN, and set up a website shows clear intent to create a business, even if operations never fully launched. These are legitimate business expenses even without revenue. Just make sure you can demonstrate that the LLC was formed with the genuine intent to make profit eventually.
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Sienna Gomez
Heads up - I missed filing 1065 forms for two years for my "zero activity" LLC with my sister, and the IRS hit us with penalties of over $2,500! Definitely file even if you did nothing. The penalties are per partner, per month.
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Kirsuktow DarkBlade
•Yikes that's scary. Were you able to get any penalty relief? I heard there's some first-time abatement option?
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LunarLegend
I went through this exact situation two years ago with my consulting LLC partnership! Even though we had zero revenue, we still had to file Form 1065. What helped me was breaking it down into steps: 1. First, gather all your documentation - LLC formation docs, EIN confirmation, and receipts for those startup expenses 2. The $475 in expenses you mentioned (filing fees + domain/hosting) are legitimate business deductions that will create a small loss to pass through to both partners 3. Each partner reports their 50% share ($237.50 loss) on Schedule E of their personal returns One thing that caught me off guard was the filing deadline - partnerships have to file by March 15th (vs April 15th for individuals), but you can request an automatic 6-month extension if needed. Since you mentioned being a tax newbie, I'd also recommend keeping detailed records of any future business expenses, even if the business stays inactive. Having everything organized from the start makes subsequent years much easier if you do get the business going again when circumstances improve with your brother's health. The good news is once you get through the first filing, you'll understand the process much better for future years!
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Muhammad Hobbs
•This is super helpful, thank you! I had no idea about the March 15th deadline for partnerships - that's definitely something I would have missed. Quick question: when you say "automatic 6-month extension," does that mean we can file the extension request ourselves without needing a CPA, or is there a specific form we need to submit? Also, did you end up using any of the online tax services that were mentioned earlier in this thread, or did you go the traditional route with tax software like TurboTax?
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