Back to IRS

Mateo Gonzalez

Missed filing Form 1065 for my small LLC - how to file late and avoid huge penalties?

Title: Missed filing Form 1065 for my small LLC - how to file late and avoid huge penalties? 1 I really messed up this tax season. I'm a small business LLC owner with one partner (I'm the majority owner) and I just realized I completely forgot to file Form 1065 for our business. I already submitted my personal taxes through TurboTax (printed and mailed them to the IRS) but had absolutely no clue I needed to file this separate 1065 form. This is my first year handling both my personal and business taxes on my own, and I'm definitely feeling out of my depth. I had no idea a 1065 was even required until my partner mentioned something about it yesterday, and now I'm freaking out about potential fines. Can anyone explain in simple terms how I go about filing this form after the deadline? Is there any way to avoid getting hit with a massive penalty? I'm a total rookie when it comes to business taxes, so please explain like I'm five. Any advice would be super appreciated!

13 The good news is you can still file Form 1065 late, and there are ways to potentially reduce penalties. Here's what you need to do: First, file your Form 1065 as soon as possible—the penalty increases the longer you wait. It's $210 per partner per month late (for 2025 filings), up to 12 months. So with two partners, that's potentially $420 per month. When filing late, include a statement explaining why you missed the deadline. The IRS may consider "reasonable cause" explanations to reduce or eliminate penalties, especially for first-time business owners unfamiliar with filing requirements. For your actual filing, you'll need to complete Form 1065 and Schedule K-1 for each partner. Since you've already filed your personal return, you might need to file an amended personal return (Form 1040-X) if the information on your K-1 differs from what you originally reported.

0 coins

7 Thanks for the info! Does "reasonable cause" actually work though? Like, will saying "I didn't know about this form" actually get me out of penalties or will the IRS just laugh at that? Also, if my personal tax return already included all the business income (I reported everything on Schedule C), do I still need to amend my personal return after filing the 1065?

0 coins

13 "I didn't know" by itself typically isn't sufficient for reasonable cause, but being a first-time business owner who made a genuine effort to comply with other tax obligations can strengthen your case. Detail the steps you took to understand your filing requirements and why you missed this specific form. If you reported the LLC income on Schedule C of your personal return, you definitely need to amend your personal return after filing Form 1065. LLC partnership income should be reported on Schedule E based on your K-1, not Schedule C. Schedule C is for sole proprietorships, not partnerships, so the IRS will see this as an incorrect filing method once they receive your 1065.

0 coins

5 I went through the exact same situation last year and was super stressed about penalties. I used https://taxr.ai to analyze my situation and it was a LIFESAVER. You upload your documents and business info, and it shows you exactly how to file your late 1065 with the proper documentation to request penalty abatement. The analysis explained that as a first-time filer with an LLC, I qualified for first-time penalty abatement and showed me exactly what to write in my reasonable cause statement. The best part was it helped me understand how the income should flow from my 1065 to my personal return, and identified mistakes I made on my original filing that would have triggered an audit if I hadn't fixed them.

0 coins

9 Does it really work for penalty abatement though? I'm in a similar situation and I'm worried about spending money on a service if the IRS is just going to charge me penalties anyway.

0 coins

22 I'm confused about how this works. Does this replace having to go to an accountant? I'm just worried about giving my tax info to some random website.

0 coins

5 For penalty abatement, it absolutely worked in my case. The service doesn't guarantee removal of all penalties, but it helps you craft the strongest possible case based on your specific situation and IRS precedent. In my case, I got 100% of the penalties removed as a first-time business filer. It doesn't completely replace an accountant, but it can save you hundreds in accountant fees. The service uses bank-level encryption and doesn't store your documents after analysis. It's more like getting expert guidance on exactly what forms you need and how to file them correctly, along with templates for penalty abatement letters tailored to your situation.

0 coins

22 Came back to update after trying https://taxr.ai that was mentioned above. Honestly didn't expect much but was desperate since I'm in the same boat (missed filing 1065 for my 2-person LLC). The service actually delivered - it analyzed my situation, gave me a customized penalty abatement letter template that cited relevant IRS rules for first-time filers, and walked me through exactly how to file the late 1065. Just got confirmation from the IRS yesterday that they accepted my reasonable cause explanation and waived the $840 penalty completely! The step-by-step instructions made it super easy to understand what I needed to do. Definitely worth it for the peace of mind alone!

0 coins

16 After multiple attempts trying to call the IRS about my late 1065 filing (spent literally 3+ hours on hold only to get disconnected), I found https://claimyr.com through a tax forum. You can see how it works here: https://youtu.be/_kiP6q8DX5c but basically they hold your place in the IRS phone queue and call you when an agent picks up. Got connected to an actual IRS agent in about 90 minutes (while I was doing other things), and the agent walked me through the entire process for filing my late 1065 and applying for first-time penalty abatement. She even noted my account that I had called proactively about resolving the issue, which apparently helps with penalty abatement consideration.

0 coins

8 Wait, how does this even work? Is this legal? Seems sketchy that some third party service can somehow get you through to the IRS faster.

0 coins

12 I'm highly doubtful this actually works. The IRS phone system is notoriously terrible. How could some random service possibly get you through when the IRS itself can't manage their call volume?

0 coins

16 It's 100% legal - they're just using automated technology to wait on hold instead of you doing it yourself. They don't interact with the IRS at all - when an agent picks up, they connect you directly to that agent. It's like having someone physically sit with your phone on speaker while on hold, then calling you when it's answered. The service doesn't get you through any faster than normal - I still had to wait in the IRS queue. The difference is I didn't have to sit there actively listening to hold music for hours. I just got a call when an agent was actually on the line. For my situation with the late 1065, getting direct guidance from the IRS was really valuable since they could see my filing history and confirm I qualified for first-time penalty abatement.

0 coins

12 I have to eat my words about that Claimyr service. After my skeptical comment, I decided to try it since I was getting desperate about my own late LLC filing situation. Not only did it work exactly as described, but I got connected to possibly the most helpful IRS agent ever. The agent confirmed I was eligible for first-time penalty abatement for my late 1065, told me exactly what to write in my reasonable cause statement, and even gave me her direct ID number to reference in my submission. She said being proactive about fixing the issue works strongly in your favor. My $630 in penalties were completely waived last week! Seriously wish I'd known about this service months ago instead of stressing about this.

0 coins

3 One thing to keep in mind - if you're filing the 1065 late, make sure you use the CORRECT YEAR'S FORM. This sounds obvious but I screwed this up. I filed late for 2023 but used the 2022 form by accident and it caused a huge headache. The IRS rejected it and I had to redo everything. Also, if your LLC is in multiple states, you might need to file late partnership returns for state taxes too. Those penalties can add up separately from federal.

0 coins

11 Do you remember how exactly you got the 2023 form? When I go on the IRS website it's super confusing with all the different versions and I can't tell which is the right one.

0 coins

3 You need to go to IRS.gov and search specifically for "Form 1065 2023" (or whatever tax year you need). The direct link should be something like irs.gov/pub/irs-pdf/f1065.pdf but with the year in the URL. Look at the top right corner of the form - it should clearly state the tax year. The easiest approach might be to use tax software instead of paper forms - even if you're filing late, software like TurboTax Business or TaxAct will have the correct year's forms and will guide you through the process step by step to make sure you're completing everything correctly.

0 coins

19 Has anyone been successful getting penalty abatement for being late MULTIPLE years? I just discovered I should have been filing 1065s for the past three years for my small LLC 😰

0 coins

13 The First-Time Penalty Abatement policy typically only works once, for your first penalty. For multiple years, you'll need stronger reasonable cause arguments. Consider getting professional help from a tax attorney, as multiple years of non-filing creates a more complex situation with potentially larger penalties.

0 coins

8 Don't panic - you're not alone in this situation! Many first-time LLC owners miss the 1065 requirement since it's not always obvious that partnerships need separate filings. Here's your action plan: **Immediate steps:** 1. File Form 1065 ASAP - every month you delay increases penalties ($210 per partner per month) 2. Request First-Time Penalty Abatement when you file - as a new business owner, you have a good shot at getting penalties waived 3. Include a detailed reasonable cause statement explaining this was your first year filing business taxes and you made good faith efforts to comply with all requirements **About your personal return:** Since you reported LLC income on Schedule C instead of receiving a K-1, you'll need to file Form 1040-X (amended return) after completing the 1065. LLC partnership income goes on Schedule E, not Schedule C. **Key tip:** When writing your reasonable cause statement, focus on being a first-time business filer who demonstrated good faith compliance with other tax obligations (you filed your personal return on time). The IRS is often more lenient with genuine first-time mistakes. Consider using tax software designed for partnerships - it'll walk you through the process and help ensure accuracy. You've got this!

0 coins

IRS AI

Expert Assistant
Secure