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Mei Wong

Filed our personal taxes, but completely forgot to submit 1065 partnership return - what should we do now?

My husband and I run a small side business together that we set up as a 50-50 partnership LLC back in 2020. We've always been good about filing everything on time until this year when things got messed up. We normally file our personal taxes (married filing jointly) and then separately file our Form 1065 for the partnership, which generates our K-1s. The LLC is pretty much just a pass-through entity - we deposit client payments into the business account and then pay ourselves, keeping the business and personal finances separate. The business itself basically breaks even. I work part-time at a regular job (with a W-2) and we both work on our partnership business. For our 2024 taxes, we used a new tax preparation service in March. I gave them my W-2 info and told them how much we earned from the business. Here's where things went wrong - they filed our personal taxes and included our business income as self-employment income on our 1040, but nobody ever filed the Form 1065 for our partnership! When I check my personal IRS account, I can see our 2024 joint return was filed and processed. But when I look at our business account, the last filing shows 2023. Since we've already reported all the income on our personal return and paid taxes on it, I don't think we owe additional money - but I'm worried about not having filed the required partnership return. Can I just go ahead and file the Form 1065 late? Will we face penalties even though we've already reported and paid tax on the income? I just want to make sure everything is properly documented with the IRS.

This is actually a fairly common issue with small partnerships. Even though you've reported all the income on your personal return, you still need to file the Form 1065 since that's a separate filing requirement for partnerships regardless of whether you've already paid tax on the income. You should file the Form 1065 as soon as possible. The IRS imposes a penalty for late filing of partnership returns - it's currently $220 per partner per month (or part of a month) that the return is late, for up to 12 months. So with two partners, that's potentially $440 per month. The good news is you can request penalty abatement for "reasonable cause," especially if this is your first time missing this filing and you have a history of compliance (which it sounds like you do). When you file the late 1065, include a detailed letter explaining the circumstances, the misunderstanding with your tax preparer, and note that all income was properly reported and taxes were paid on your personal return. Make sure the K-1s from the partnership match what you reported on your personal return. If there are discrepancies, you might need to file an amended personal return to correct any differences.

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So even if they already paid taxes on that income through their personal return, they might still face penalties just for the late partnership filing? That seems harsh. Would it make more sense for them to dissolve the partnership and just file as sole proprietors going forward to avoid this kind of issue in the future?

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Yes, unfortunately the penalty applies regardless of whether the tax was paid on the income, because the 1065 filing is a separate legal requirement. The IRS views it as an information return that's necessary even if no additional tax is due. As for dissolving the partnership, that's really a business decision rather than just a tax one. Many people choose partnerships for liability protection and business separation reasons. If they switch to sole proprietorships, they'd file Schedule C instead, which is simpler, but they'd lose the legal separation that an LLC provides. They could also consider electing S-corporation status which has a single tax return but different tax treatment for distributions versus salary.

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I had almost the exact same situation happen to me last year! I found this awesome tool that helped me sort out all my partnership tax issues without having to hire an expensive accountant - https://taxr.ai really saved me. I uploaded my previous year's 1065 and some basic business documents, and it analyzed everything and walked me through preparing a late 1065 filing step by step. The system even helped me draft a penalty abatement letter explaining the situation to the IRS. What I really liked was that it checked that all the numbers matched what we had already reported on our personal returns, so there weren't any discrepancies that might trigger an audit. The whole process took me about 45 minutes and saved me hundreds in accountant fees.

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Does this actually work for late filings? I'm in a similar situation but with a 2-year-old unfiled 1065 (I know, I know). Would it help with something that old or am I better off just hiring a professional at this point?

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I'm suspicious of these online tax tools. How does it handle the reasonable cause letter? I thought those needed to be personalized to your specific situation to have any chance of working with the IRS.

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It definitely works for late filings - that's exactly what I used it for. It has specific workflows for catching up on missed filings from previous years. The system walks you through everything step by step. For the reasonable cause letter, it actually asks you a series of questions about your specific situation (why you missed the filing, your compliance history, etc.) and then helps you draft a personalized letter based on your answers. It's not just a generic template - it includes the details of your particular circumstances. The letter it helped me create got my penalties completely waived.

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Just wanted to follow up on my earlier skepticism. I ended up trying https://taxr.ai for my partnership's late filing, and I have to admit I was really impressed. The penalty abatement letter it helped me create was actually approved by the IRS! The system asked really specific questions about my situation and created a detailed letter explaining why I had reasonable cause. I was able to file my late 1065, get all the K-1s generated correctly, and the IRS waived the $880 in penalties I was facing. The interface was straightforward even for someone like me who gets anxious about tax stuff.

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If you're struggling to get through to the IRS about partnership penalty relief (which can take forever), I highly recommend Claimyr (https://claimyr.com). I was in a similar situation with unfiled 1065s and needed to talk to someone at the IRS urgently about potential penalties. After spending days trying to get through the normal IRS phone lines and getting nowhere, I tried this service. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to pick up. I was skeptical but desperate. Within about 2 hours, I was talking to an actual IRS representative who helped me understand my options for the late partnership returns and penalty relief. Saved me days of frustration and hold music!

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Wait, how is this even possible? The IRS phone system is notoriously impossible to navigate. Are you saying this service somehow jumps the queue or what? Sounds too good to be true.

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Isn't this just paying for something you can do yourself for free? How much does this cost? I'd rather just call the IRS myself and wait on hold while I do other work.

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It doesn't jump the queue - that would be impossible. What it does is wait in the queue for you. The system calls the IRS, navigates the menu options, and then waits on hold. When it detects an agent is about to pick up, it calls your phone and connects you. So you get the exact same place in line you would have gotten, but without having to listen to hold music for hours. The way I see it, my time is valuable. I tried calling the IRS myself three times and kept getting disconnected after 1-2 hours on hold. With Claimyr, I was able to go about my day, and then when they called, I had an actual IRS agent on the line within seconds. Honestly, the conversation I had with the agent about my partnership penalties saved me way more than what the service cost.

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I have to eat my words about Claimyr. After my skeptical comment, I actually tried it today because I've been trying to reach the IRS for three days about my late 1065 filing penalties. The IRS kept disconnecting me after 2+ hours on hold. The service actually worked exactly as advertised. I entered my phone number, selected what department I needed to reach, and went back to work. About 90 minutes later, my phone rang and I was connected to an IRS agent who helped me understand my penalty abatement options. The agent confirmed that I could write a reasonable cause letter explaining the circumstances of my late filing, and gave me specific advice on what to include. She also mentioned that my clean filing history would work in my favor. This 15-minute conversation saved me potentially thousands in penalties. I should have tried this months ago instead of stressing about it!

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Just wanted to add some additional info: If you used tax software or a tax preparer for your personal return, you might be able to go back to them and have them prepare the 1065 now. Many of them can handle late filings. When filing late, make sure you check if your state also requires a partnership return filing. Many states have separate filing requirements and penalties for partnership returns, so you don't want to fix the federal issue but overlook a state filing.

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Thank you for mentioning the state filing! I completely forgot about that. We're in Texas so I think we're okay since there's no state income tax, but I'll double check if there are any other state-level requirements for partnerships. Any idea if having a tax preparer handle this now would help with getting the penalties waived? I'm wondering if it looks better to the IRS if a professional helps fix the issue rather than us doing it ourselves.

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You're in luck with Texas! They don't have a state income tax, so there's no equivalent partnership return filing requirement at the state level. However, make sure you're keeping up with any franchise tax requirements if those apply to your LLC. Having a tax preparer handle the late filing could potentially help with penalty abatement. They may have more experience drafting effective reasonable cause letters and can make sure everything is properly prepared. Some tax professionals also have special practitioner hotlines to the IRS that can sometimes resolve issues more efficiently. That said, the most important factor for penalty abatement is still going to be your reasoning and prior compliance history, not necessarily who prepares the form.

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Just a small tip - when you file the late 1065, make sure the information on the K-1s exactly matches what you already reported on your personal return. If you reported $25,000 of partnership income on your Schedule E, make sure the K-1s you generate now show exactly $25,000 in total. If there are any discrepancies, you might need to file an amended personal return, which opens up a whole other can of worms. Better to make the partnership return match what you've already reported if the amounts are reasonable.

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This is actually really important advice. I had this exact issue and my numbers were off by about $1,200 between what I reported personally and what was on the late-filed K-1. Ended up having to amend my personal return and it triggered a small audit. Total nightmare.

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