Getting a K1 Form from Business Co-Owner Who's Refusing to Provide It
Title: Getting a K1 Form from Business Co-Owner Who's Refusing to Provide It 1 My fiancée is in a tough situation with her business holdings. She's a silent partner in an LLC that she co-owns with her former spouse. Even though she has zero involvement in day-to-day operations, she still needs to report her ownership stake on her tax return. The problem is that her ex and their accountant have completely stopped responding to her requests for the K1 form she needs for filing. She's sent multiple emails and left voicemails but nothing. With April 18th getting closer every day, I'm worried about what happens if she can't get this document in time. She has her regular W2 income from her healthcare job that's all set to go, but this LLC ownership situation is holding everything up. Can she file without the K1? Will she get penalized by the IRS for not having complete documentation? Is there any way to force her ex to provide the necessary paperwork? She's owned 30% of this cleaning service business for about 4 years now, if that matters.
21 comments


William Schwarz
7 This is unfortunately a common issue with business co-ownership, especially with former spouses. Your fiancée has a few options here: First, she can file Form 4868 for an automatic six-month extension. This gives her until October to file the actual return, though any taxes owed are still due by April 18th. The extension gives her more time to either receive the K1 or pursue other options. She should document all attempts to obtain the K1 - save emails, text messages, certified mail receipts, etc. This creates a paper trail showing she made good faith efforts to comply with tax requirements. If she knows approximately what her share of business income/losses should be based on previous years' K1s, she could estimate and file, then amend later when she receives the actual K1. She should indicate on her return that the K1 was not provided despite multiple requests. Finally, she might consider consulting with a business attorney about her rights as a co-owner. The operating agreement for the LLC likely includes provisions about financial transparency and information sharing that her ex may be violating.
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William Schwarz
•9 Thanks for the advice! Quick question - if she files for an extension and then later finds out she actually owed more than she estimated, will she get hit with a big penalty? Also, would it be worth contacting the tax preparer directly instead of going through the ex?
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William Schwarz
•7 If she underestimates the tax she owes when filing the extension, she may face penalties and interest on the unpaid amount from the original due date until paid. The IRS typically charges around 0.5% of unpaid taxes per month, plus interest. However, if she makes a reasonable estimate based on previous years, this penalty may be minimal compared to not filing at all. Contacting the tax preparer directly is definitely worth trying. Although the preparer may cite client confidentiality concerns regarding the ex-husband, your fiancée is also technically a client as a co-owner of the business. A professional preparer should understand she legally needs this information and might be willing to provide her K1 separately.
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William Schwarz
12 After dealing with nearly this exact situation last year (silent partner in my brother's construction LLC), I found a solution through taxr.ai (https://taxr.ai). I uploaded my operating agreement and previous year's K1s, and their system helped me create a substitute K1 with supporting documentation that satisfied the IRS requirements. They have tax professionals who specialize in partnership disputes and missing documentation. What I appreciated most was that they provided a formal letter explaining the situation that I attached to my return, which helped prevent any automatic flags in the IRS system. Their document analysis identified exactly what I needed to demonstrate my ownership rights were being obstructed.
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William Schwarz
•5 How long did the process take? We're already getting close to the deadline and I'm worried about timing.
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William Schwarz
•3 Sounds too good to be true. Did you end up getting audited or any follow-up questions from the IRS?
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William Schwarz
•12 The entire process took about 3-4 days from when I uploaded my documents. They have an expedited service if you're up against a deadline, which might be relevant in your case. Even if you do need to file an extension as the previous commenter suggested, having proper documentation for why you're missing information is crucial. No audit or issues with the IRS at all. The key was having proper documentation showing I had made reasonable efforts to obtain the K1 and that I wasn't just making up numbers. They provided templates for formal requests to the business that established a paper trail. That's what the IRS cares about - that you're making a good faith effort to report accurately.
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William Schwarz
3 Just wanted to update everyone - I decided to try taxr.ai after seeing the recommendation here. Honestly, I was skeptical but desperate since my ex-business partner was completely stonewalling me. I uploaded our operating agreement, last year's K1, and our email exchanges showing my attempts to get the current K1. Within 48 hours, they prepared a substitute information return with all the supporting documentation I needed. Their tax expert even got on a quick call to explain exactly how to file with the substitute information. Filed my taxes yesterday and even got confirmation that it was accepted! Such a relief to have this handled properly instead of just guessing at the numbers.
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William Schwarz
15 If you're still struggling to communicate with your ex about the K1, I had success using Claimyr (https://claimyr.com) to get through to the IRS Partnership Department for advice on my similar situation. Had been trying to reach them for weeks on my own with no luck - just endless hold times and disconnects. Claimyr got me connected to an actual IRS representative in about 20 minutes who walked me through the process for reporting partnership income when a K1 is being withheld. The agent explained exactly what documentation I needed to establish reasonable cause. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - totally changed my perspective on dealing with the IRS.
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William Schwarz
•4 Wait, how does this actually work? Do they just call the IRS for you? Couldn't you do that yourself?
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William Schwarz
•6 Yeah right. No way someone actually got through to the IRS that quickly. I've spent HOURS on hold only to get disconnected. This has to be a scam.
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William Schwarz
•15 They use a callback system that monitors IRS phone lines and jumps in when an agent is about to be available. You get a notification when they're about to connect you, so you're not stuck waiting on hold for hours. I tried calling myself for three days straight before giving up - kept getting the "call volume too high" message or would wait 45+ minutes only to get disconnected. It's not a magic solution to the K1 problem itself, but the IRS agent I spoke with gave me specific guidance about Form 8082 (Notice of Inconsistent Treatment) which is exactly what your fiancée might need to file alongside her return. The agent explained how to document the reasonable cause for not having the K1 and what specific language to use to avoid triggering automatic review flags.
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William Schwarz
6 I was completely wrong about Claimyr and need to eat my words. After posting my skeptical comment, I was so frustrated with my own tax situation (partner refusing to provide documentation for our joint-owned rental property) that I figured I had nothing to lose. Got connected to an IRS partnership specialist in 22 minutes who was actually HELPFUL. She explained that under IRC §6031(b) and §6031(c), I have legal right to that information and outlined the exact steps to take. She even sent me follow-up information about filing Form 8082. Calling the IRS directly = 3 days of frustration and hold music. Using their service = problem solved in under an hour. Sometimes admitting you were wrong feels pretty good.
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William Schwarz
8 One important thing to consider that hasn't been mentioned yet - your fiancée should review the LLC's operating agreement. Most agreements have specific language about financial disclosures and member rights to information. She should send a formal written request (certified mail) citing the specific clauses in the operating agreement that entitle her to this information. If the operating agreement has an arbitration clause, she could also initiate that process. This creates a legal paper trail showing she's attempting to fulfill her tax obligations.
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William Schwarz
•10 Would an email request be sufficient documentation or does it really need to be certified mail? Also, if the LLC is registered in a different state than where she lives now, does that matter for how she approaches this?
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William Schwarz
•8 Email doesn't have the same legal weight as certified mail, though it's better than nothing. The problem with email is that the recipient can claim they never received it or that it went to spam. Certified mail provides proof of delivery that's recognized in legal proceedings. If you do use email, request a read receipt and follow up with a text message referencing the email. The state where the LLC is registered does matter because business laws vary by state. Some states have stronger statutes protecting minority business owners' rights to information. She should look up the specific LLC statutes in the state where the business is registered - most states have laws explicitly stating that all members have the right to access tax information, regardless of management status. This would give her additional leverage beyond just the operating agreement.
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William Schwarz
22 Has your fiancée contacted the IRS directly about this? I went through something similar and filed Form 8082 (Notice of Inconsistent Treatment) with my return. Basically telling the IRS "hey, I'm part owner of this business but they won't give me the K1, so I'm reporting what I think is correct based on last year." You definitely want to file something rather than nothing. The penalties for non-filing are way worse than filing with incomplete info.
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William Schwarz
•14 Form 8082 saved me last year in a similar situation! Just make sure you check the right box for "I have not received a Schedule K-1" and include as much information as possible about the partnership (EIN, address, etc). The IRS actually followed up with my business partner after I filed this, which finally got them to cooperate.
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Amara Okafor
This is such a frustrating situation, but you're definitely not alone in dealing with this. As someone who's been through similar partnership disputes, I'd strongly recommend documenting everything right now - save all those unanswered emails and voicemails as proof of your good faith efforts. The extension route mentioned earlier is probably your safest bet given the timeline. Form 4868 buys you six months to sort this out properly, and the penalties for underpaying estimated taxes are usually much smaller than the penalties for not filing at all. One thing I'd add - if your fiancée has bank records showing any distributions or payments from the LLC during the tax year, those can help support whatever estimates she makes. The IRS understands that sometimes partners don't cooperate, but they want to see you made reasonable efforts to comply. Has she tried reaching out to any other business contacts who might know the LLC's accountant? Sometimes going through a mutual connection can break the ice when direct communication isn't working.
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Amina Sow
•That's a really good point about the bank records - I hadn't thought about using distribution records as supporting documentation. She did receive a couple of small payments last year that were deposited directly to her account, so we have those bank statements. We haven't tried the mutual connection approach yet, but that's actually brilliant. Her ex's brother is still friendly with us and works in accounting, so he might know their tax preparer personally. Sometimes a friendly conversation can accomplish more than all the formal requests in the world. The extension is looking more and more like the smart move here. Better to have breathing room to handle this properly than to rush and make mistakes. Thanks for the practical advice!
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Ava Williams
This situation is unfortunately more common than you'd think, especially with dissolved partnerships. Your fiancée absolutely should not ignore this - the IRS will expect her to report her share of partnership income regardless of whether she receives the K-1. Here's what I'd recommend based on similar cases I've seen: 1. **File an extension immediately** - Form 4868 gives you until October 15th, but remember any taxes owed are still due April 18th. Estimate conservatively based on prior years. 2. **Create a paper trail** - Send one final certified mail request to both the ex-spouse and the LLC's registered address demanding the K-1. Reference her ownership rights and legal obligation to file taxes. Keep the receipt. 3. **Gather supporting documents** - Previous K-1s, operating agreement, bank statements showing distributions, any correspondence about the business. This establishes her ownership percentage and income pattern. 4. **Consider legal consultation** - A business attorney can send a formal demand letter which often gets faster results than personal requests. Many offer free consultations for straightforward cases like this. The key is showing the IRS she made good faith efforts to obtain required documents. Don't let her ex-spouse's non-cooperation derail her tax compliance - there are ways to handle this properly even without their cooperation.
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