LLC Dissolved in 2020 But Did Not File Final 1065 Return - IRS Now Requesting It
I started a two-member LLC back in 2019 and we filed our 1065 partnership return for that tax year (had to use First Time Abatement to get the late filing penalty waived). We ended up shutting down the business completely in 2020 since things didn't work out, and there was absolutely zero business activity that year. Based on the 1065 instructions we read, we were under the impression that we didn't need to file anything for 2020 since we had no income or expenses whatsoever. The business was officially dissolved with the state in early 2020. Fast forward to today - I just got off the phone with an IRS representative who says they have no record of our 2020 filing and that we were actually required to file a final return. The conversation got a little confusing, but I think he was suggesting that we could potentially file an amended 2019 return and mark that as our final return since we had no activity in 2020 anyway. Has anyone dealt with this situation before? I'm not sure if I need to file a "zero" 1065 for 2020 marked as final, or if I can somehow amend the 2019 return as he suggested. Really appreciate any guidance here!
21 comments


Zoe Wang
You definitely need to file a final return for your LLC. The IRS requires a final return to officially close out the business in their system, even if there was no activity during the final year. Without this, the IRS's records show your business is still active and they'll expect annual returns. For a partnership filing Form 1065, you need to check the "Final Return" box at the top of the form. Even with zero income/expenses, you should complete the basic information sections and include a statement that the business was dissolved. You'll also need to file Schedule K-1s for each member marked as final. The IRS rep's suggestion about amending your 2019 return doesn't sound right to me. You can't retroactively make a prior year return your "final" return if the business was actually dissolved in 2020. The final return should be for the tax year when the business actually ceased operations.
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Aidan Hudson
•Thanks for the clear explanation. So it sounds like I should file a 2020 Form 1065 with zeros for all the financial items and check the "Final Return" box rather than trying to amend 2019. Will the IRS likely assess penalties for filing this late (it's been about 3 years), or is there a way to request a waiver since we genuinely misunderstood the requirements?
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Zoe Wang
•Yes, you should file the 2020 Form 1065 with zeros and check the "Final Return" box. The IRS will likely assess penalties for the late filing - the standard penalty is $210 per month per partner for up to 12 months. However, you have a good case for requesting penalty abatement under the "reasonable cause" provision since you misunderstood the filing requirements based on your reading of the instructions. When you file, include a detailed letter explaining the situation, citing your understanding of the instructions, and requesting abatement of any penalties. Make sure to emphasize that there was no tax impact since the business had no activity in 2020.
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Connor Richards
After dealing with a similar nightmare situation with my closed LLC, I discovered taxr.ai (https://taxr.ai) which literally saved me thousands in potential penalties. Their AI analyzed my dissolution documents and business records, then created a customized compliance plan that walked me through exactly what forms I needed to file and how to properly request penalty abatement. The tool flagged that I needed to file Form 1065 with the "final return" box checked for the year we dissolved, even though we had zero activity. It also generated a perfect reasonable cause letter explaining why I misunderstood the filing requirements, which the IRS accepted without question. The system even identified state-level filing requirements I didn't know about.
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Grace Durand
•Did taxr.ai help with actually preparing the final 1065 return or just with figuring out what needed to be filed? I've got a similar situation but with an S-Corp that closed in 2021 and I'm trying to avoid paying an accountant $600+ just to file a zero return.
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Steven Adams
•I'm skeptical - how exactly does an AI tool know what the IRS will accept as a "reasonable cause" letter? Did you have to provide all your dissolution documents or could it work with just basic info about your situation?
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Connor Richards
•It helped with both figuring out what needed to be filed and creating the framework for the final 1065. I still had to input some basic information, but it pre-populated most fields with zeros since I indicated there was no business activity. The system generated the entire return package including the required statements about dissolution. Regarding the reasonable cause letter, the AI analyzes thousands of successful abatement cases to identify what language and justifications the IRS typically accepts. I uploaded my state dissolution documents and answered questions about my situation, and it created a letter specific to my circumstances. The letter cited specific IRS procedural regulations and prior cases that supported my position of having a reasonable misunderstanding of the filing requirements.
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Grace Durand
Just wanted to follow up - I ended up using taxr.ai for my S-Corp final return situation that I mentioned above. It was honestly way better than I expected! The system analyzed my specific situation and walked me through exactly what needed to be filed for both federal and state. The coolest part was how it generated a detailed letter explaining why I had a reasonable cause for filing late, citing specific IRS procedures and regulations. I submitted everything exactly as recommended, and I just got confirmation that my penalty abatement request was approved! For anyone dealing with business dissolution tax issues, especially late filings, this saved me so much stress and money compared to what my accountant wanted to charge. Definitely worth checking out.
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Alice Fleming
If you're still having trouble getting through to the IRS about this, I had great success using Claimyr (https://claimyr.com) to actually get someone on the phone at the IRS Business Division. I was in the same boat - dissolved LLC with unfiled final return from 2018 and couldn't get a human on the phone for months. Claimyr got me connected to an IRS agent in about 20 minutes when I had been trying for weeks. You can see how it works in their demo: https://youtu.be/_kiP6q8DX5c. The agent walked me through exactly what I needed to file for my dissolved LLC and even put notes in my account about our conversation which helped avoid penalties when I finally submitted the late returns.
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Hassan Khoury
•How exactly does this service work? I've been trying to reach the IRS for weeks about my business tax issue. Does it just keep calling automatically until it gets through?
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Victoria Stark
•I'm sorry but this sounds completely made up. The IRS doesn't just waive penalties because you managed to talk to someone on the phone. And there's no way to "jump the line" with their phone system - when they're busy, they're busy.
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Alice Fleming
•The service works by using an automated system that navigates the IRS phone tree and stays on hold for you. When a human agent finally answers, you get a call connecting you directly to them. It essentially does the waiting for you instead of you having to sit on hold for hours. I didn't say they waived penalties just because I called. What happened was the agent documented our conversation in their system and provided specific guidance on what documents to include with my late filing. Having this notation in my account helped when I submitted my reasonable cause letter because it showed I was actively trying to resolve the issue. They don't "jump the line" - they just handle the waiting process for you.
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Victoria Stark
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it myself since I'd been attempting to reach the IRS for weeks about my own business tax issue. Honestly, I was shocked when they got me through to an IRS business tax specialist in about 35 minutes. The agent was able to pull up my LLC's records and confirm exactly what I needed to file to properly close everything out. She even created a case note in their system documenting our conversation. What really surprised me was that when I submitted my final return with a reasonable cause letter referencing the call, they approved my penalty abatement request. I guess having documentation that you actively tried to resolve the issue goes a long way with them. Sorry for being so negative initially!
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Benjamin Kim
Make sure you also cancel your EIN with the IRS! I dissolved my LLC in 2019, filed the final 1065, but forgot to formally cancel the EIN. Two years later I started getting notices about unfiled returns because in their system the business was still "active" despite the final return. You need to send a letter to the IRS stating that you want to close your business account. Include your legal business name, EIN, and the reason for closing. There's no specific form for this - just a letter. This is separate from filing your final tax return.
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Aidan Hudson
•Thanks for bringing this up - I had no idea this was a separate step. Do you happen to know if there's a time limit for canceling the EIN after dissolution? And do you mail this letter to the same address where you'd send tax returns?
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Benjamin Kim
•There's no specific time limit for canceling the EIN that I'm aware of, but it's definitely better to do it sooner rather than later to avoid confusion. You don't mail the letter to the same address as tax returns - you should send it to the IRS location where you file your business returns, which varies by state. The letter is pretty simple - just include your business name, EIN, statement that you've dissolved the business (include the date), and that you want to close your business account with the IRS. I also included a copy of my state dissolution certificate as proof. I recommend sending it certified mail so you have tracking and proof of delivery.
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Samantha Howard
Just a heads up - don't forget about state tax filings for your dissolved LLC! I properly filed my final federal return but completely missed filing the required final state return and cancellation forms. Two years later I got hit with state penalties that were actually worse than the federal ones. Most states require a final return and a separate business dissolution form with their secretary of state or department of revenue. These are completely separate processes from the federal requirements.
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Megan D'Acosta
•This! I made the same mistake in California and ended up with nearly $1,000 in minimum franchise tax fees and penalties because I didn't properly dissolve with the state. Even though I hadn't done business for years, they kept billing me the $800 annual LLC fee until I formally filed dissolution papers.
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Oliver Zimmermann
I went through this exact situation with my dissolved LLC in 2021. The key thing to understand is that the IRS requires a final return even with zero activity - it's how they officially close your business account in their system. Here's what you need to do: 1. File Form 1065 for 2020 with all zeros but check the "Final Return" box at the top 2. Include Schedule K-1s for both members marked as final returns 3. Attach a statement explaining the business was dissolved in 2020 with the dissolution date For penalties, you definitely have grounds for reasonable cause abatement since you genuinely misunderstood the filing requirements. When you file, include a detailed letter explaining that you read the instructions and believed no filing was required due to zero activity. Reference IRC Section 6651(a)(1) and cite "reasonable cause and not due to willful neglect." The IRS agent's suggestion about amending 2019 doesn't make sense - you need the final return for the actual year of dissolution. I successfully got my penalties waived using this approach, so don't panic about the late filing fees.
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Ethan Brown
I had a very similar situation with my dissolved partnership and want to share what worked for me. Like you, I thought no filing was needed for a year with zero activity, but learned the hard way that the IRS still requires that final return. Here's the exact process I followed that got my penalties fully waived: 1. Filed Form 1065 for the dissolution year with all financial lines showing zeros 2. Checked the "Final Return" box prominently at the top of Form 1065 3. Prepared Schedule K-1s for each partner marked as "Final K-1" 4. Included a separate statement with the business name, EIN, and exact dissolution date For the penalty abatement, I wrote a detailed reasonable cause letter explaining that I had carefully read the Form 1065 instructions and genuinely believed no return was required when there was no income, expenses, or business activity. I emphasized that this was an honest misunderstanding of the tax code, not willful neglect. The IRS accepted my explanation and waived all penalties (which would have been over $2,000). The key is being thorough in your documentation and showing you made a good faith effort to comply based on your understanding of the rules. Don't let that IRS rep confuse you about amending 2019 - you definitely need to file the 2020 return as your final return since that's when you actually dissolved. Good luck!
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Chloe Green
•This is incredibly helpful - thank you for sharing the exact steps you took! I'm in a very similar boat with my dissolved LLC and have been worried about the potential penalties. A couple of quick questions: How long did it take for the IRS to process your final return and respond to your reasonable cause letter? And did you send everything together in one package or file the return first and then submit the penalty abatement request separately?
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