< Back to IRS

Mei Chen

First year partnership filing requirements - Schedule C vs 1065/K-1 for business with no revenue

So my business partner and I started a software development/consulting business last year. We did all the "right" things - got an EIN, registered with the secretary of state as a DBA partnership, set up our business infrastructure, etc. We had some startup expenses (domain name, website hosting, software subscriptions) but didn't generate any revenue in our first year. I had been planning to file Schedule C this whole time, but just realized that since we're a partnership, we actually need to file Form 1065 and K-1s for both of us. I'm kinda freaking out about this because the filing deadline is coming up fast. My questions: 1. Since this is our first year and we made $0, do we even need to file these partnership forms? 2. Is there decent software I can use to create and file the 1065/K-1 forms? (I know people say get a CPA but I'm familiar with accounting principles) 3. Should we just dissolve the business since we haven't had any real activity yet? Any advice would be super appreciated!

Yes, you still need to file Form 1065 even with zero revenue. The IRS requires partnerships to file annual returns regardless of income level. Not filing could result in penalties of $195 per partner per month (up to 12 months). For your situation, the 1065 will be fairly straightforward since you only have expenses. You'll report these business expenses on the appropriate lines, and each partner's share of the loss will flow through to your personal returns via the K-1s. As for software, most major tax programs like TaxAct, TurboTax Business, or H&R Block Premium & Business can handle 1065 filings. They typically cost between $100-200 for the business version. If your situation is truly simple (just some startup expenses), this might be sufficient. Regarding dissolution - that's more of a business decision than a tax one. If you think you might continue the business in the future, keeping it active might make sense. The filing requirements won't go away until you formally dissolve.

0 coins

Curious - what if they've already missed the March 15 deadline? Would you recommend filing for an extension ASAP or just filing the late return?

0 coins

If they've missed the March 15 deadline, I would recommend filing for an extension immediately using Form 7004. This will give them until September 15 to file the actual return. While the extension request itself is technically late, filing it now will stop additional penalties from accruing. If the extension isn't an option for some reason, then they should file the complete return as soon as possible to minimize penalties. In either case, since they likely won't owe any tax (just reporting expenses), the penalties may be relatively minimal - but they should still address this promptly.

0 coins

After struggling with a similar situation (first-year partnership with minimal activity), I found https://taxr.ai super helpful. I uploaded my expense receipts and basic partnership info, and it organized everything I needed for the 1065. Saved me hours of trying to figure out which expenses went where. Their system walked me through allocating the startup costs correctly between partners too, which was something I was confused about. Honestly wish I'd known about it from the beginning instead of stressing for weeks.

0 coins

How does it handle the K-1 forms? That's the part that confuses me the most about partnerships. Does it actually generate those or just help with the main 1065?

0 coins

I've been looking at different options - does it integrate with any filing services or do you still need something separate to actually submit the forms to the IRS?

0 coins

The system generates both the 1065 and all required K-1s automatically. Once you've entered the partnership details and allocation percentages, it creates completed K-1s for each partner, showing the allocated expenses/losses correctly. Made the whole process much more straightforward than I expected. As for filing, it provides completed forms that you can either e-file through their system or download and submit through another e-filing service if you prefer. I used their e-filing option since it was already integrated with my data, but you have flexibility if you want to use something else.

0 coins

Just wanted to update - I tried taxr.ai after seeing it mentioned here and it was exactly what I needed for our first-year partnership return. We had a similar situation (only expenses, no revenue) and it handled everything perfectly. The system identified several startup expenses I hadn't even realized were deductible. It also clearly explained which expenses needed to be amortized vs. immediately deducted, which saved us from making some rookie mistakes. My partner and I both got our K-1s showing our share of the business expenses, and everything transferred smoothly to our personal returns. Definitely less stressful than what I was imagining!

0 coins

If you're trying to reach the IRS to get guidance on partnership filing requirements, good luck with those hold times. I got stuck in the "please hold" loop for HOURS trying to get someone to answer my partnership tax questions last month. I finally used https://claimyr.com and their service actually worked! You can see how it works here: https://youtu.be/_kiP6q8DX5c. They basically hold your place in line and call you when an IRS agent picks up. I was skeptical but it saved me from wasting an entire day on hold. The IRS agent confirmed we needed to file the 1065 even with no income and explained exactly which forms we needed, which was super helpful for our situation.

0 coins

Wait this is actually a thing? How does it work - do you have to give them personal info? Feels sketchy to have a third party involved with IRS stuff.

0 coins

Yeah right. Sounds like another scam trying to get access to my tax info. Has anyone actually verified this is legit? I've resigned myself to just sitting on hold like everyone else.

0 coins

They don't access any of your tax information - they just hold your place in line with the IRS. You only provide your phone number so they can call you when an agent is on the line. When the IRS agent comes on, you're the one who speaks with them directly, not Claimyr. It's basically just a hold-line service. You're not giving them any personal or tax details. They're just solving the specific problem of wasting hours on hold. When the IRS agent answers, you get a call and are connected directly to the agent. I found it completely safe and it saved me literally hours of hold music.

0 coins

Ok I need to eat my words. After posting that skeptical comment I was struggling with the same partnership filing questions and getting nowhere with the IRS phone system. Gave Claimyr a shot and had an IRS agent on the phone within an hour without having to actually sit on hold. Got the exact clarification I needed about filing requirements for partnerships with losses and no income. The agent walked me through which schedules we actually needed to include with our 1065. For anyone wondering - yes, you still need to file even with no income. And yes, you can allocate the startup expenses to partners based on your partnership agreement. And yes, Claimyr actually works (still surprised about this).

0 coins

Two other options to consider for your situation: 1. If you haven't conducted any business activity and don't plan to in the near future, you could look into filing as "not yet started" on your 1065. There's a specific box to check. Still requires filing but simplifies things. 2. Check your partnership agreement. If you don't have one (very common oversight), now's a good time to create one that specifies how expenses and eventual profits will be allocated. This matters for your K-1s even in a loss year. Also worth noting that some startup costs can be amortized over 15 years rather than deducted all at once, which might be more beneficial depending on your future business plans.

0 coins

What exactly counts as "not yet started"? We did register everything and had expenses related to setting up the business, just no clients or revenue yet. Would that still qualify?

0 coins

In your case, you wouldn't qualify as "not yet started" since you've incurred business expenses related to your intended operations. The "not yet started" designation is generally for entities that have formed legally but haven't taken any substantive actions toward business operations. Since you've purchased domains, website services, and software subscriptions, the IRS would consider you to have begun operations even without revenue. These are legitimate business startup costs, and you'll want to properly document and deduct them. If the expenses exceed $5,000, there are special rules about amortizing the excess over 15 years rather than deducting immediately.

0 coins

I'm in a similar boat! Created an LLC partnership last year, had about $2K in expenses but no income yet. I used FreeTaxUSA Premium to file our 1065 and K-1s. It was about $70 total and pretty straightforward for a simple return like ours.

0 coins

FreeTaxUSA worked well for our partnership return too - definitely the most affordable option I found. Just be careful with allocation of expenses if your partnership isn't 50/50. Their interface isn't super clear about special allocations.

0 coins

Based on your situation, you definitely need to file Form 1065 and K-1s even with zero revenue. I went through this exact scenario two years ago with my consulting partnership. A few key points from my experience: 1. **Filing is mandatory** - The IRS requires partnership returns regardless of income level, and the penalties can add up quickly ($195 per partner per month). 2. **Your startup expenses are valuable** - Don't overlook deductions for business formation costs, professional fees, software subscriptions, etc. These can create losses that flow through to your personal returns. 3. **Extension strategy** - If you've missed the March 15 deadline, file Form 7004 immediately for an extension to September 15. Even if the extension request is late, it stops additional penalties from accumulating. 4. **Software options** - I used TaxAct Business which handled our simple partnership return well for around $150. The key is making sure it properly allocates expenses between partners according to your agreement. Don't dissolve the business just because of first-year filing complexity. Once you get through this initial return, future years become much more routine. The infrastructure you've built has value, and these startup costs will benefit you on your taxes. Feel free to ask if you need clarification on any specific expenses or allocation issues!

0 coins

This is really helpful! I'm curious about the startup expense deductions you mentioned. We spent money on things like LLC registration fees, legal consultation for our partnership agreement, and some marketing materials we never ended up using. Do all of these qualify as deductible startup costs, or are there specific categories I should focus on? Also, when you say the losses "flow through" to personal returns - does that mean we can use them to offset other income we might have from day jobs or other sources?

0 coins

Great questions! Yes, most of those expenses you mentioned are deductible startup costs: - LLC registration fees and state filing fees are fully deductible - Legal fees for partnership agreement drafting are startup costs (first $5,000 can be deducted immediately, excess amortized over 15 years) - Marketing materials are generally deductible even if unused, as long as they were purchased for legitimate business purposes And yes, partnership losses do flow through to your personal returns via the K-1. Each partner reports their allocated share of the loss on their individual tax return, which can offset other income like W-2 wages. However, there are some limitations - passive activity rules may apply depending on your level of participation in the business, and you can only deduct losses up to your basis in the partnership. Since you're actively involved in running the business, you should qualify for full deduction of your share of the losses against your other income. This is actually one of the tax advantages of partnerships - the losses aren't trapped at the entity level like they would be in a C-corp. Make sure to keep detailed records of all these expenses with receipts, as the IRS may ask for documentation if they review your return.

0 coins

I've been through this exact situation with my tech consulting partnership! A couple of additional tips that might help: **Don't forget about Section 199A deductions** - Even though you had a loss this year, understanding how the 20% qualified business income deduction works for future profitable years is important. Partnerships typically qualify, so keep this in mind for your business structure planning. **Consider your state filing requirements too** - Most states also require partnership returns even with zero income. The deadlines and penalties vary by state, so make sure you're not just focusing on federal requirements. **Documentation is key** - Start a simple spreadsheet now tracking all business expenses with dates, amounts, and business purposes. This habit will save you tons of time in future years and help if you ever get audited. One thing I wish someone had told me: if you're planning to be active in the business going forward, make sure your partnership agreement clearly states you're both "general partners" or "managing members" (if LLC). This ensures you can fully deduct losses against other income without passive activity limitations. The first year is definitely the most confusing, but once you get through this filing, everything becomes much more routine. You've got this!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today