How do I convert my LLC Partnership to a Disregarded Entity after partner stopped working?
My situation is probably a mess at this point. I run a small woodworking business with my brother that was set up as a 50-50 LLC partnership. Back in October 2022, my brother had a serious accident and has been completely unable to work since then. He hasn't been involved in the business operations at all since his accident and hasn't taken any distributions. I've basically been running everything solo for over a year now, but I just met with a tax preparer who told me I should have filed a final 1065 when my brother stopped working, and then switched to reporting everything on Schedule C as a sole proprietor for the remainder of the year. I've been continuing operations under the same LLC name and EIN this whole time. I bought H&R Block tax software thinking I could figure this out myself, but I'm completely lost. Is there any way to convert from an LLC Partnership to a Disregarded Entity at this point without losing my business name and EIN? I know I'm super behind on getting this sorted out, but I really need some guidance on how to handle the transition properly.
32 comments


Mei Chen
This is actually a fairly common situation. When a multi-member LLC becomes a single-member LLC, its tax classification changes from a partnership to what's called a "disregarded entity" for federal tax purposes. You should file Form 8832 (Entity Classification Election) with the IRS to formally make this change. You'll also need to file a final partnership return (Form 1065) with a statement that it's your final return, and indicate that the business is continuing as a single-member LLC. This final return would cover from the beginning of your tax year until the date your brother stopped participating. From that date forward, you would report all business income and expenses on Schedule C of your personal tax return (Form 1040). The good news is you can generally keep your existing EIN and business name even after this conversion. Don't worry too much about being late - you should file the necessary forms as soon as possible, but the IRS has procedures for late elections. You might face some penalties for late filing, but getting compliant is the most important step.
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Liam O'Sullivan
•Thanks for the explanation, but I'm confused about keeping the EIN. I thought disregarded entities don't have their own EIN and just use the owner's SSN? Also, do I need to get my brother to sign anything for this transition?
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Mei Chen
•A single-member LLC that's disregarded for federal income tax purposes can definitely keep its EIN. While it's true that for income tax filing purposes you'll use your SSN on your Schedule C, the business EIN is still needed for other purposes like employment taxes if you have employees, or certain excise taxes. Many banks also require an EIN for business accounts. Regarding your brother, ideally you should document this transition with a proper buy-out agreement or transfer of interest. This doesn't necessarily need to involve money changing hands - it could be structured as a gift of his interest to you, but having documentation is important for both tax purposes and legal clarity. If possible, get something in writing from him acknowledging his withdrawal from the business.
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Amara Okonkwo
After dealing with almost the same situation with my lawn care business last year, I found this site called taxr.ai (https://taxr.ai) that really helped me figure out exactly how to handle the entity conversion. I was stuck with partnership returns for months after my partner left, and a client recommended this tool. You upload your business docs and it analyzes everything specific to your situation - like keeping your EIN while switching to a disregarded entity. Their system correctly identified that I needed to file a short-year final 1065 and how to document the transition. It automatically highlights the exact forms and deadlines for your situation. What helped me most was their specific guidance on how to document the ownership change and what statements to include with each form. The step-by-step instructions made the process way less overwhelming.
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Giovanni Marino
•Does this taxr.ai thing actually connect you with a real accountant or is it just software? Because I've tried tax software and still got confused about entity changes.
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Fatima Al-Sayed
•I'm wondering if it handles state filings too? When I changed my LLC status I had to do all kinds of paperwork with the state that was different from the federal stuff.
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Amara Okonkwo
•It's not just software like TurboTax - it's more like an AI system that reviews your specific documents and gives personalized advice. It doesn't connect you with an accountant directly, but it provides detailed guidance tailored to your situation rather than generic information. The analysis includes citations to specific IRS rules that apply to your case. Yes, it definitely handles state requirements too. That was actually one of the most helpful parts for me. It breaks down both the federal requirements (like the Form 8832 and final 1065) and the state-specific requirements. For my state, it identified the exact forms I needed to file with the Secretary of State to document the ownership change while maintaining my LLC status.
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Fatima Al-Sayed
I wanted to follow up about my experience with taxr.ai after trying it for my situation. I was initially skeptical about whether it would actually help with something as specific as converting from a partnership to a disregarded entity, but I was impressed with how it handled my case. The system immediately identified that I needed to prepare a final partnership return and file Form 8832, along with the specific state forms for my LLC. What really helped was the detailed explanation of how to document the transfer of ownership interest - something none of the generic tax software programs addressed. I was able to maintain my EIN and business name through the transition, which was my biggest concern. The step-by-step guidance saved me from having to pay my accountant's hourly rates just to figure out the process. Definitely worth checking out if you're in a similar situation.
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Dylan Hughes
I had a similar issue last year with my partner leaving our consulting LLC. After weeks of trying to get through to the IRS Business Entity department for guidance, I found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent walked me through exactly what forms I needed to file for the entity change and confirmed I could keep my EIN. They also explained the deadline requirements and what documentation I needed from my former partner. Getting direct answers from the IRS saved me so much stress about whether I was doing it right. Before using the service I spent HOURS on hold and kept getting disconnected. Having an actual conversation with someone at the IRS who could look at my specific situation made all the difference.
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NightOwl42
•How does this actually work? Do they just call the IRS for you? Seems like something I could do myself.
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Sofia Rodriguez
•I'm skeptical. The IRS never answers their phones. I've literally tried calling dozens of times about my business tax issue and always get the "call volume too high" message. How could this service possibly get through when nobody else can?
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Dylan Hughes
•They don't just call for you - they use some kind of system that navigates the IRS phone tree and waits on hold in your place. When they actually reach a human agent, you get a call connecting you directly to that person. It's basically like having someone wait on hold for hours so you don't have to. I was completely skeptical too before trying it. I had already spent over 7 hours across multiple days trying to get through about my LLC issue. What convinced me was their guarantee - if they don't connect you, you don't pay. What happened was they called me back about 20 minutes after I signed up, and suddenly I was talking to an actual IRS business division agent who answered all my questions about the entity conversion. The agent confirmed exactly what forms I needed and the process for maintaining my EIN through the transition.
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Sofia Rodriguez
I need to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to give it a shot since I was desperate for answers about my S-Corp conversion. Within 25 minutes, I was talking to an actual IRS business entity specialist who confirmed exactly what I needed to do for my situation. They verified I could keep my EIN while changing entity status and explained the specific forms and statements needed with my filing. The agent even gave me direct instructions on how to document the change in ownership. I had seriously tried calling the IRS business line 20+ times over three weeks and never got through. Having an actual conversation with someone who could answer my specific questions saved me from making expensive mistakes. Sometimes you have to admit when something works better than expected.
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Dmitry Ivanov
You might want to check your state requirements too. In my state, when my business partner left our LLC, we had to file an amendment to our Articles of Organization showing the change in membership, even though the federal side was just a tax classification change. Some states treat a change from multi-member to single-member as a technical dissolution and reformation.
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Jamal Edwards
•Thanks for bringing this up. I didn't even think about the state filing requirements. Do you know if changing to a disregarded entity affects things like business licenses or sales tax permits?
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Dmitry Ivanov
•The good news is that in most states, your business licenses and sales tax permits can remain intact through this transition. What's happening is a change in tax classification at the federal level, not a complete dissolution of your business entity. However, you should definitely notify your state's business division (usually Secretary of State) about the membership change. Some states require you to file an amendment to your LLC's articles of organization or operating agreement. A few states might require you to file what's called a Certificate of Change or something similar to document the change in ownership structure. This preserves the continuity of your licenses and permits.
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Ava Thompson
Has anyone used QuickBooks Self-Employed to handle this kind of transition? I'm in a similar situation and wondering if it's worth switching software too.
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Miguel Herrera
•I wouldn't recommend QB Self-Employed for this situation. It's designed more for simple sole proprietorships and doesn't handle entity transitions well. I'd suggest QuickBooks Online Small Business if you want to stay in the QuickBooks ecosystem.
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Aria Park
I went through this exact situation with my photography business last year when my business partner had to step away due to health issues. The key thing to understand is that you're not actually "converting" your LLC - you're just changing how it's taxed by the IRS. Here's what worked for me: First, I filed Form 8832 to elect disregarded entity status effective from the date my partner stopped participating. Then I filed a final Form 1065 partnership return covering from January 1st through that date, clearly marked as "FINAL RETURN" at the top. From that point forward, I reported everything on Schedule C. The IRS was actually pretty understanding about the late filing when I explained the circumstances. I did get hit with some penalties, but they weren't as bad as I expected. Most importantly, I was able to keep my business name, EIN, and all my existing vendor relationships intact. One thing I wish I'd known earlier - make sure you get something in writing from your brother acknowledging his withdrawal from the business, even if no money changes hands. It doesn't have to be fancy legal language, but having documentation makes everything cleaner for tax purposes.
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Maria Gonzalez
I'm dealing with a very similar situation right now with my consulting LLC. My partner had to leave due to family circumstances in late 2023, and I've been scrambling to figure out the proper way to handle this transition. What I've learned from my research and conversations with other business owners is that you definitely need to act quickly, but don't panic about being late. The IRS has procedures for late elections, and many small businesses face this exact scenario. A few practical tips from my experience so far: 1. Start gathering all your financial records from the date your brother stopped participating - you'll need clean records to prepare that final 1065 2. Consider reaching out to your brother now about getting documentation of his withdrawal, even if it's just a simple letter stating he's no longer involved in the business 3. If you have any business bank accounts or credit cards, make sure they're updated to reflect the new ownership structure The good news is that this is a recognized business transition, not some unusual tax situation. You're definitely not the first person to go through this, and the IRS has established procedures to handle it. Getting compliant now is much better than continuing to file as a partnership when you're really operating as a sole proprietor. Has your brother been responsive to discussions about formalizing his exit from the business?
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NeonNova
•I'm in almost the exact same boat! My partner had to step back from our home renovation business in early 2023 due to a family emergency, and I've been running everything solo since then. Like you, I kept putting off dealing with the paperwork because it seemed so overwhelming. What really helped me was breaking it down into smaller steps. I started by just organizing all my financial records from the date my partner stopped working - separating everything into "before" and "after" periods. Once I had that clear timeline, the rest started to make more sense. For the documentation piece, I ended up having a simple conversation with my former partner and we wrote up a basic letter stating when he stopped participating and that he was transferring his interest to me. We didn't exchange any money, but having it in writing gave me peace of mind for the IRS filings. The hardest part for me was actually just getting started. Once I filed that Form 8832 and the final partnership return, I felt so much relief. Yes, there were some late filing penalties, but they weren't nearly as scary as I'd built them up to be in my head. @ac59dd81328e Have you been able to have any conversations with your brother about documenting his exit yet? That might be a good first step while you're figuring out the rest of the process.
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Paolo Esposito
This thread has been incredibly helpful! I'm actually in a very similar situation - my business partner in our contracting LLC had to step away in mid-2023 due to personal issues, and I've been running solo ever since but haven't dealt with the tax implications yet. Reading through everyone's experiences, it sounds like the key steps are: 1) File Form 8832 for the entity classification change, 2) File a final Form 1065 partnership return through the date my partner stopped participating, and 3) Start reporting everything on Schedule C going forward. What I'm still unclear about is the timing - if my partner stopped working in July 2023, do I need to file a short-year final partnership return just covering January-July 2023? And then how do I handle the 2023 taxes for the rest of the year when I was operating solo? Also, for anyone who's been through this - roughly how long did the whole process take from filing the forms to getting everything straightened out with the IRS? I'm trying to plan my timeline since I know I'm already behind on getting this sorted out.
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Diego Ramirez
•Yes, you're correct about the timing! You would file a short-year final partnership return (Form 1065) covering January through July 2023, clearly marked as "FINAL RETURN" at the top. For the remaining months of 2023 (August-December), you'd report the business income and expenses on Schedule C of your personal Form 1040. From my experience going through this exact process last year, the timeline was about 6-8 weeks from when I submitted all the forms to when I received confirmation from the IRS that everything was processed. The Form 8832 election was acknowledged first (about 3 weeks), and then the final partnership return took a bit longer to process. One tip that really helped me: when you prepare that short-year partnership return, include a statement explaining the change in circumstances - something like "Partnership dissolved due to withdrawal of partner on [date]. Business continuing as single-member LLC." This helps the IRS processors understand exactly what happened. The good news is that once you get through this initial filing, your ongoing tax situation becomes much simpler since you'll just be filing Schedule C each year instead of dealing with partnership returns. Don't stress too much about being late - focus on getting compliant now and the penalties are usually manageable.
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Connor Gallagher
I really appreciate everyone sharing their experiences with this transition - it's reassuring to know I'm not the only one who's been in this situation! Reading through all these responses, it seems like the consensus is that while I'm behind on the paperwork, it's definitely fixable. Based on what everyone has shared, my plan is to: 1. Reach out to my brother to get some written documentation of his withdrawal from the business (even if it's just a simple letter) 2. File Form 8832 to elect disregarded entity status from October 2022 when he stopped working 3. Prepare a final Form 1065 covering January-October 2022, marked as "FINAL RETURN" 4. Start reporting everything on Schedule C going forward The part about keeping my EIN and business name is a huge relief - I was really worried I'd have to start over completely. And knowing that the IRS has procedures for late elections makes this feel much more manageable. For anyone else reading this who might be in a similar boat - don't wait as long as I did to deal with it! But also don't panic if you're already behind. It sounds like this is a common enough situation that the IRS knows how to handle it, even when the timing isn't perfect. Thanks again to everyone who took the time to share their experiences and advice. This community has been incredibly helpful!
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Daniel White
•This is such a helpful summary of the process! I'm actually dealing with a similar situation right now where my LLC partner had to step away due to health issues earlier this year. One thing I wanted to add that might be useful - when you're getting that written documentation from your brother, you might also want to include the effective date of his withdrawal and a statement that he's not expecting any future distributions from the business. My accountant told me this helps make it crystal clear for the IRS that there was a definitive end to the partnership arrangement. It doesn't have to be a formal legal document - even a simple signed letter with those key points should work fine. Also, I noticed you mentioned October 2022 - just want to make sure you're aware that you'll likely need to address the 2022 tax year first (filing that final partnership return for the partial year) before you can get caught up on 2023. The good news is that once you get through this backlog, your tax situation will be so much simpler going forward!
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Lauren Zeb
I went through this exact transition with my marketing consultancy LLC when my business partner had to leave due to relocating for family reasons. The process was definitely intimidating at first, but it's more straightforward than it initially appears. A few things that really helped me that I haven't seen mentioned yet: 1. When you file that final Form 1065, make sure to also file Form 8804 (Annual Return for Partnership Withholding Tax) even if it's just to report zeros - the IRS expects this for partnerships that are dissolving. 2. Don't forget to update your state unemployment insurance and workers' compensation accounts if you have employees. Even though you're keeping the same EIN federally, some states require notification of ownership structure changes. 3. If you have any outstanding 1099s to issue to contractors or vendors, make sure those get filed under the partnership structure for work performed before your brother's departure date, and under your SSN for work performed after. The timeline everyone mentioned (6-8 weeks) matches my experience exactly. I was also worried about penalties for late filing, but the IRS was reasonable when I included a brief explanation of the circumstances with my forms. One last tip: keep detailed records of when you made this transition because you'll likely reference these dates for years to come on various tax forms and business documents.
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Mateo Warren
•This is incredibly thorough advice! I hadn't even thought about Form 8804 or updating state unemployment accounts. As someone who's still figuring out this whole process, it's really helpful to have these detailed checklists from people who've actually been through it. One quick question - when you mention filing 1099s under different structures depending on when the work was performed, does that mean I need to issue separate 1099s for the same contractor if they worked both before and after my partner left? Or can I combine everything on one form and just note the transition date somewhere? I'm realizing there are so many interconnected pieces to this that I hadn't considered. Thanks for sharing your experience - it's making me feel much more prepared to tackle this properly instead of just winging it!
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Lincoln Ramiro
I'm going through something very similar right now with my catering business LLC. My partner had to step back in early 2023 due to health issues, and I've been putting off dealing with the paperwork because it seemed so complicated. Reading through all these experiences has been incredibly helpful - especially knowing that I can keep my EIN and business name through the transition. That was my biggest fear, having to rebuild all my vendor relationships and banking setup. One thing I'm curious about that I haven't seen addressed - did anyone run into issues with existing contracts or leases that were signed under the partnership structure? I have a commercial kitchen lease and several ongoing catering contracts that reference the LLC as a partnership. Do these need to be amended, or does the disregarded entity status not affect the validity of existing agreements? Also, for those who went through this process, did you notify your business insurance carrier about the ownership change? I'm wondering if there are any coverage implications I should be aware of before I start the formal transition process. Thanks to everyone for sharing their experiences - this thread has given me the confidence to finally tackle this properly instead of continuing to avoid it!
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Ethan Clark
•Great questions! I went through a similar transition with my event planning business and can share what I learned about contracts and insurance. For existing contracts and leases - in most cases, you won't need to amend them. The LLC itself continues to exist as the same legal entity; you're only changing the tax classification from partnership to disregarded entity. Your commercial kitchen lease and catering contracts should remain valid because they're with the LLC, not specifically with the partnership tax structure. However, I'd recommend reviewing your lease agreement to see if it has any clauses about changes in ownership or management structure that might require notification to the landlord. Most standard commercial leases don't require disclosure for this type of change, but it's worth checking. Regarding insurance - yes, definitely notify your carrier! I called mine when I made the transition and they updated my policy to reflect single ownership. It didn't affect my coverage or rates, but they appreciated the heads-up. Some policies have clauses about material changes to the business structure, so it's better to be proactive. The good news is that since you're maintaining the same business entity (just changing tax status), most of these administrative updates are pretty straightforward. The hardest part is really just the initial tax filings we've all been discussing!
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AaliyahAli
I'm currently dealing with a very similar situation and this thread has been a lifesaver! My partner in our graphic design LLC had to step away in March 2023 due to family obligations, and I've been running everything solo since then but haven't addressed the tax implications yet. What's really helpful is seeing how many people have successfully navigated this transition while keeping their EIN and business name intact. I was terrified I'd have to start over completely, but it sounds like the IRS has established procedures for exactly this scenario. One thing I'm still unclear on - when filing that final Form 1065 partnership return, do I need to show my former partner's capital account being zeroed out, or can I just indicate his withdrawal in the explanatory statement? We never had any formal buy-out agreement since he essentially just stopped participating rather than there being any money exchanged. Also, has anyone dealt with this situation where the departing partner is completely unresponsive? My former partner has been going through some personal struggles and hasn't been returning calls or emails. I'm hoping I can move forward with the entity transition even without getting formal documentation from him, as long as I can demonstrate that he stopped participating in the business on a specific date. Thanks to everyone who's shared their experiences - it's giving me the confidence to finally tackle this properly instead of continuing to procrastinate!
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Malik Robinson
•I dealt with an unresponsive partner situation in my consulting LLC transition last year, so I can share what worked for me. You can definitely move forward even without formal documentation from your partner, though it requires more careful record-keeping on your part. For the capital account issue, you'll need to show the partner's withdrawal on the final Form 1065. If there was no money exchanged, you can structure it as a deemed distribution equal to their capital account balance, effectively zeroing it out. Include a statement with your return explaining that the partner ceased participation on [specific date] and withdrew from the business. Regarding the unresponsive partner - document everything you can to establish the timeline of when they stopped participating. Email attempts to contact them, records showing they stopped taking distributions, proof they weren't involved in business decisions after March 2023, etc. The IRS is generally reasonable about these situations when you can demonstrate a clear pattern. I'd also recommend sending a certified letter to your former partner's last known address explaining your intention to proceed with the entity transition, even if you don't expect a response. This shows good faith effort to communicate and creates a paper trail. The key is being able to prove to the IRS that there was a definitive end to the partnership arrangement, which you can do through business records even without formal cooperation from your former partner.
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GalaxyGazer
I've been following this thread closely because I'm in an almost identical situation with my landscaping LLC. My partner had to leave the business in September 2023 due to a work-related injury, and I've been running everything solo since then but haven't dealt with the tax transition yet. What's been really helpful is seeing the consistent advice about filing Form 8832 and the final Form 1065, plus knowing that I can keep my EIN and business name. I was also worried about having to rebuild everything from scratch. One practical tip I wanted to share - I started by creating a simple timeline document showing exactly when my partner stopped participating (last day they worked, last distribution they received, last business decision they were involved in, etc.). Having those specific dates written down has made the whole process feel much more manageable and will be essential for the tax filings. For anyone else in this situation who's been procrastinating like I was - start with just organizing your records around the transition date. Once you have a clear timeline, the rest of the steps become much less overwhelming. This thread has given me the confidence to finally move forward with getting everything properly documented with the IRS. The consensus seems to be that while we're all behind on the paperwork, this is a recognized business transition that the IRS knows how to handle, even with late filings and penalties.
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