How to file 1065X for a missed final return designation on 2016 Partnership return
I'm in a bit of a challenging situation with an old partnership return. Back in 2016, I filed a Form 1065 for a small general partnership I had with two colleagues. The business actually ceased operations in 2016, but I completely forgot to check the "final return" box on the 1065. Now the IRS keeps expecting returns, and I just realized this oversight. Is it even possible to go back and file a Form 1065X (Amended Return) for 2016 just to correct this and indicate that it should have been marked as the final return? If so, what should I include in the explanation section? Will I need to attach any additional documentation to prove the business actually ended in 2016? The partnership wasn't dissolved formally through any state filing - we just stopped doing business and divided the remaining assets according to our partnership agreement. Would that be an issue? Any guidance would be greatly appreciated!
21 comments


Dylan Evans
Yes, you can definitely file a Form 1065X to indicate that your 2016 return should have been marked as final. The IRS allows you to file amended partnership returns to correct exactly these types of administrative issues. In the explanation section of the 1065X, you should clearly state something like: "This amended return is being filed solely to designate the 2016 Form 1065 as the final return for the partnership which ceased operations in 2016." Keep it simple and direct. You don't necessarily need to attach documentation proving the business ended, but it might be helpful to include a brief statement describing when the partnership dissolved and how the assets were distributed per your partnership agreement. Since you mentioned that you didn't formally dissolve through state filings, just explain the actual circumstances of how the business wound down.
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Sofia Gomez
•Thanks for the info! Do you happen to know if there's a time limit for filing the 1065X in this situation? It's been several years since the original return was filed.
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Dylan Evans
•There's generally a 3-year statute of limitations for filing amended returns from the date the original return was filed. However, this is a unique situation where you're not changing any financial information, just correcting an administrative detail. The IRS often shows flexibility in these situations since you're attempting to correct the record and stop future notices. I'd recommend filing the 1065X regardless of the time passed, with a clear explanation. Even if technically outside the amendment window, they'll likely process it to update their records and stop sending notices for unfiled returns.
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StormChaser
After dealing with a similar situation last year, I found that https://taxr.ai was tremendously helpful. I had a partnership from 2017 that I needed to retroactively mark as final, and I was getting conflicting advice from different sources about what documentation was required. The Tax Document Analysis feature at taxr.ai helped me understand exactly what sections of the 1065X I needed to complete and what explanation would be appropriate. It also identified potential issues with state filings that I hadn't even considered. The peace of mind was worth it because I didn't want to make any mistakes that would cause more problems.
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Dmitry Petrov
•How exactly does that work? Did you have to upload your old tax documents to the site? I'm a bit wary of sharing my old tax info online.
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Ava Williams
•Did they help with actually filing the 1065X or just give advice? I'm wondering if they handle the whole process or just tell you what to do.
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StormChaser
•You can upload the original return and any relevant documents, and their system analyzes them to provide specific guidance. They use bank-level encryption for all documents, so security is solid. I felt comfortable after reading their privacy policy. They don't file the documents for you - they're not a tax preparation service. They analyze your situation and provide detailed guidance on exactly what to do. In my case, they explained which boxes needed to be checked on the 1065X, what explanation would be most effective based on IRS acceptance patterns, and even provided a template for the explanation section that I could customize.
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Dmitry Petrov
Just wanted to update - I was skeptical about taxr.ai but decided to give it a try with my similar situation (needed to mark a 2018 1065 as final). The analysis they provided was seriously helpful and specific to my situation. They flagged that I should also check state filing requirements - turns out I needed to file a final state return too which I hadn't even thought about! They provided a template for the explanation section that mentioned the specific regulations the IRS looks for in these situations. The amended return was accepted without any issues. Definitely saved me a headache!
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Miguel Castro
If you're still getting notices from the IRS about unfiled returns after 2016, you might want to give Claimyr a try at https://claimyr.com. I was in a similar situation with a missed final return designation and kept getting automated notices. After weeks of trying to call the IRS directly (always got the "high call volume" message), I tried Claimyr and was able to speak with an IRS agent in about 45 minutes instead of waiting for weeks. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The IRS agent was able to put a hold on future notices while I submitted my 1065X, which saved me from getting even more delinquency notices. Made a huge difference in reducing stress while waiting for the amended return to process.
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Zainab Ibrahim
•How does this actually work? Seems like it would be impossible to get through to the IRS no matter what service you use. I've been trying for months.
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Connor O'Neill
•Sounds too good to be true. The IRS phone system is completely broken - I find it hard to believe any service could actually get through when millions of people can't.
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Miguel Castro
•It works by constantly calling the IRS on your behalf using their automated system. When you use the IRS phone system as an individual, you typically get the "high call volume" message and get disconnected. Claimyr's system keeps dialing until it gets through, then alerts you to join the call when an actual IRS agent is on the line. Their system basically waits in the phone queue for you. I was skeptical too, but after trying unsuccessfully for nearly three weeks to reach someone, I got connected in under an hour using their service. The IRS agent was able to put a hold on future notices while my 1065X was processing, which prevented more headache and potentially saved me from penalties for "unfiled" returns.
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Connor O'Neill
I was completely wrong about Claimyr! After posting my skeptical comment, I decided to try it anyway since I was desperate to resolve a similar partnership return issue. I couldn't believe it actually worked - got through to an IRS agent in about 30 minutes after trying for weeks on my own. The agent was able to see that I had unfiled return notices for years after my partnership ended. She put notes in my file and gave me a specific reference number to include with my 1065X filing that would help connect it to her notes. This was incredibly helpful because it meant my amended return wouldn't just go into a general processing queue but would be associated with her recommendation. Would never have gotten this resolved without actually speaking to someone. Completely worth it.
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LunarEclipse
One thing to consider - when you file the 1065X to mark the return as final, make sure you also verify whether you need to file final returns with your state tax authority. Many states require a separate notification or final return filing when a business dissolves. I learned this the hard way after fixing my federal issue but continuing to get notices from my state for unfiled returns. Had to go through the whole process again at the state level.
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Fatima Al-Mansour
•That's a really good point I hadn't considered. We operated in two states actually. Did you just file amended state returns similar to the federal 1065X, or was there a different process for the state filings?
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LunarEclipse
•For my situation, it varied by state. In California, I had to file a formal business entity dissolution form with the Secretary of State first, then file a final state tax return checking the "final return" box. In New York, I just needed to file an amended final return. I'd recommend checking your specific states' requirements on their department of revenue websites. Some states require you to settle any outstanding tax obligations before they'll accept your final return, so you might want to call them directly to check your status.
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Yara Khalil
Has anyone run into penalties for filing a very late 1065X? I'm in a similar situation but the original return was from 2015, and I'm worried the IRS might assess penalties for the delay in marking it final.
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Keisha Brown
•In my experience, the IRS generally doesn't assess penalties for this specific situation when you're just marking a return as final and not changing any financial information. I filed a 1065X four years after the original return just to mark it final, and there were no penalties. Make sure you clearly state in the explanation that you're not changing any financial information - just correcting the administrative oversight of not marking it as final. That seems to be the key in avoiding penalties.
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Diego Rojas
I went through this exact same situation last year with a 2017 partnership return. Filed the 1065X about 6 years late just to mark it as final, and it was processed without any issues or penalties. A few things that helped me: First, I included a brief timeline in my explanation showing when the partnership actually ceased operations and how assets were distributed. Second, I attached a simple statement signed by all partners confirming the business had ended and assets were divided per our agreement - even though you didn't formally dissolve through state filings, this kind of documentation can be helpful. The IRS processed mine in about 8-10 weeks, and all the automated notices for "unfiled" returns stopped completely. Don't let the time delay discourage you from filing - they really do want to clean up their records when partnerships have actually ended. One small tip: when you mail the 1065X, send it certified mail so you have proof of filing date. That way if any questions come up later, you can show exactly when you submitted the correction.
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Muhammad Hobbs
•This is really reassuring to hear! I'm dealing with a similar situation from 2018 and was worried about potential complications from the delay. The certified mail tip is particularly helpful - I hadn't thought about documenting the filing date that way. Did you have any trouble with the IRS accepting the partner agreement documentation, or did they process it without questioning the informal dissolution? I'm in a similar boat where we just stopped operations and divided assets according to our partnership agreement without formal state filings.
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Kelsey Hawkins
•The IRS didn't question the informal dissolution at all. I think the key was being transparent about exactly what happened - I explained that while we didn't file formal dissolution paperwork with the state, the partnership had genuinely ceased all business activities and distributed assets according to our original partnership agreement. In my explanation section, I included the date operations stopped, how we handled final expenses, and how assets were divided among partners. The signed statement from all partners confirming these facts seemed to give them confidence that this was a legitimate business ending rather than just trying to avoid filing returns. The whole process was much smoother than I expected. I think they see these situations frequently and are more interested in closing out inactive entities than creating complications for people trying to clean up old records.
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