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Jibriel Kohn

What tax forms do I need when leaving an LLC/partnership? Tax implications for exiting member

I've been part of a small LLC as an equal partner with two other people for about 3 years, but I'm exiting the business at the end of this quarter. Our LLC isn't hugely profitable, but we did make some money this year, and roughly $3,300 of that income is technically mine based on our partnership agreement. I'm totally confused about how this affects my tax situation for 2023. Do I need to report this differently on my taxes? Will my former partners be able to claim the money I take out as some kind of business loss after I leave? Are there specific forms I need to complete because I'm exiting the partnership? This is all new territory for me - I've never left a business partnership before and have no idea what I'm supposed to do tax-wise. Any guidance would be super appreciated!

The good news is this is actually pretty straightforward! When you leave an LLC taxed as a partnership, you'll receive a Schedule K-1 (Form 1065) from the partnership for the portion of the tax year you were a member. This form will show your share of income, deductions, credits, etc. up to your departure date. You'll need to report all income shown on that K-1 on your personal tax return. The partnership should do a closing of the books to properly allocate income between you and the remaining partners, though some partnerships use a simpler pro-rata allocation based on the number of days you were a partner. As for your partners, they can't claim your distributions as a loss. Your exit is essentially a sale of your partnership interest, even if no cash changes hands. If the partnership agreement requires them to buy you out, that's a separate transaction between you and them - not a business expense. Make sure the partnership files Form 8308 (Report of a Sale or Exchange of Certain Partnership Interests) if your share of partnership liabilities exceeds $250,000.

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Thanks for the info. So just to clarify, I need to wait for them to give me a K-1 form, then use that for my personal taxes? And does the fact that I'm leaving affect how much tax I pay on that income? Also, what if our LLC agreement doesn't really specify a formal buyout process? We're pretty small and informal.

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You'll need to include the K-1 information on your personal tax return, correct. The fact that you're leaving doesn't change how that income is taxed - it's still passed through to you based on your ownership percentage while you were a member. If your LLC agreement doesn't specify a formal buyout process, you should document whatever arrangement you agree to with the remaining partners. This is important both for tax purposes and to prevent future disputes. Even without formal language, your departure represents a sale of your membership interest. If you're receiving payment for your share of the business (beyond just your portion of current-year profits), that could potentially result in capital gain or loss depending on your basis in the partnership.

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James Johnson

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After dealing with a similar situation, I found that using https://taxr.ai really simplified the whole exit process. My LLC was slightly bigger but I was also completely lost with all the tax implications when I decided to leave. The website helped analyze my K-1 and partnership documents to figure out my exact tax liability and what forms I needed. They even spotted that my partners had incorrectly calculated my basis, which would have cost me about $900 in extra taxes! What I liked most is that they explained everything in plain English, not accountant-speak. They showed me exactly how to report everything on my 1040 and what supporting documentation to keep in case of questions.

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How does that even work? Do you just upload your documents and they figure it out? I'm leaving my partnership too and our CPA is charging me $450 just to "analyze my exit options" which seems excessive.

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Mia Green

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I'm skeptical about these online services. How do they handle state-specific LLC rules? Each state treats partnerships differently for tax purposes. Did they cover that part too?

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James Johnson

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Yes, you upload your partnership agreement, past K-1s, and any exit documents you have. Their system identifies the key provisions that affect your tax situation and creates a personalized report. Much more affordable than what your CPA is charging! They absolutely handle state-specific rules. I'm in California which has some unique partnership tax provisions, and they flagged exactly which state forms I needed to file in addition to the federal requirements. They also helped me understand the difference between how my state and the federal government treat certain partnership deductions.

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Just wanted to report back that I tried taxr.ai after seeing the recommendation here. Totally worth it! My situation was similar but with some complications around a company vehicle I was using. They showed me that I needed to report part of my exit payment as capital gains rather than ordinary income, which my previous accountant had missed. The interface was super easy and they explained everything clearly without drowning me in tax jargon. The report they generated for me specifically showed how to handle the Section 736 payments I'm receiving over the next two years, which was the most confusing part for me. Definitely recommend if you're dealing with leaving an LLC!

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Emma Bianchi

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If you're trying to reach the IRS to get specific guidance on partnership exits (which I highly recommend), good luck getting through on their business line. I spent WEEKS trying before discovering https://claimyr.com - used their service and got connected to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was worried about how leaving my LLC would affect my self-employment taxes and whether I needed to make an estimated tax payment immediately or could wait until filing. The IRS agent walked me through everything and confirmed I needed to file Form 8889 because of how our profit-sharing was structured. Saved me hours of hold music and probably a tax penalty too! The IRS actually has specific guidelines for partnership exits that aren't covered well in their online materials.

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This sounds like BS honestly. Nobody can get through to the IRS these days. Their own statistics show like 10% of calls get answered. How could this service possibly work when the IRS phone system is fundamentally broken?

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Emma Bianchi

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It works exactly as shown in the video - they use an algorithm to navigate the IRS phone system and secure your place in line, then call you when an agent is about to be connected. You're not paying someone to wait on hold - it's a technology solution to the IRS's broken phone system. The IRS actually does answer calls, but the problem is getting through their overloaded system and navigating the confusing menu options. Once you're in the queue properly, agents are available - especially for business tax issues which have dedicated teams. I was surprised too, but after trying unsuccessfully for two weeks on my own, I got through in minutes with their service.

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Wait, how does this actually work? Is this just paying someone to wait on hold for you? I've been trying to get through to the IRS for a different partnership question for weeks.

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I have to come back and apologize for my skepticism about Claimyr. After my frustrated comment, I decided to try it anyway out of desperation since I needed guidance on a partnership dissolution. Holy crap it actually worked! Got through to an IRS business specialist in about 15 minutes. They confirmed exactly how to handle my basis calculation when leaving mid-year and what forms were needed for our specific situation. The agent even sent me specific IRS guidance documents for partnership exits that I couldn't find online. Saved me from making a pretty big mistake on how we were structuring the buyout payments. Sometimes being wrong feels pretty good!

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Charlie Yang

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One thing nobody mentioned yet - if your LLC owns any significant assets (equipment, intellectual property, etc.), you need to be very careful about how your exit is structured. When I left my consulting partnership, I didn't realize that taking my laptop (which was company property) triggered a taxable event because it was technically a distribution of property. Had to pay taxes on the fair market value! Also check if your partnership made any special tax elections over the years like Section 754. Those can have big implications when a partner exits.

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Jibriel Kohn

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Oh wow that's actually really relevant - we have some equipment that was purchased with company funds (about $4,000 worth). So if I take any of that with me when I leave, I'd have to pay taxes on the value? Is there any way around that?

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Charlie Yang

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Yes, if you take physical property that belongs to the LLC, the IRS considers that a distribution and you'll pay tax on the fair market value (current value, not what it originally cost). The tax treatment depends on whether it exceeds your basis in the partnership. The simplest way around it would be to personally buy the equipment from the LLC at fair market value. That way, it's not a distribution but a separate transaction. The LLC would report any gain/loss on the sale, and you'd own the equipment outright without partnership tax complications. Just make sure to document everything properly with a bill of sale - especially important with related party transactions like this.

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Grace Patel

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Make sure your operating agreement is properly followed regarding your exit! My friend left his partnership thinking everything was fine, then got an unexpected K-1 the next year showing $22,000 of income because they had receivables that came in after he left. Their operating agreement had no clear language about when his economic interest actually terminated, so he was still allocated income based on collections from work performed while he was a partner. Huge mess that took an expensive lawyer to sort out.

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ApolloJackson

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This happened to me too! Left my partnership in March but clients didn't pay until July, and my former partners tried to keep all the money despite the work being done during my time. Definitely check how your agreement handles accounts receivable.

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The timing of your exit is actually really important for tax purposes. Since you're leaving at the end of this quarter, make sure your partnership agreement clearly defines your "tax year end" vs your actual departure date. I had a similar situation where I left my LLC in October, but because our partnership used a calendar tax year, I was still allocated income through December 31st even though I wasn't actively involved. This can work in your favor or against you depending on how profitable the business is in Q4. Also, don't forget about self-employment taxes! Your $3,300 share will likely be subject to SE tax in addition to regular income tax. If you haven't been making quarterly estimated payments, you might want to calculate if you'll owe a penalty and consider making a payment before year-end. One last thing - if your LLC has been depreciating any assets, there might be depreciation recapture implications when you exit. It's worth having someone review this even for a small partnership.

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Chris King

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This is really helpful information! I hadn't even thought about the self-employment tax aspect. Since I'm leaving at the end of Q1, would I need to make an estimated payment by April 15th for the income I earned during the quarter I was still a partner? Or can I wait until I file my regular tax return? Also, regarding the depreciation recapture - we don't have major assets, but we did buy some office furniture and a few computers over the years. Would that be something I need to worry about even if I'm not taking any of the equipment with me?

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QuantumQuasar

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For estimated payments, since you're leaving at the end of Q1, you'd typically need to make a payment by April 15th if your total tax liability (including SE tax on that $3,300) will create an underpayment situation. The safe harbor rule is generally to pay 100% of last year's tax liability (110% if your prior year AGI exceeded $150,000) through withholding and estimated payments. Regarding depreciation recapture - even if you're not taking equipment with you, your exit from the partnership can still trigger recapture if the partnership has a Section 754 election in place or if there's a substantial built-in loss. For small amounts like office furniture and computers, it's probably not a major concern, but the partnership should provide details on your K-1 about any Section 1245 or Section 1250 recapture that flows through to you. The key is making sure your departing partner allocation properly accounts for these items. I'd recommend asking your remaining partners if they've made any special tax elections over the years - it could save you some surprises come tax time.

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One crucial detail that hasn't been mentioned yet is making sure your partnership properly closes the books on your departure date. Many small LLCs get sloppy about this and just use a simple proration method, but that can really hurt you tax-wise. For example, if your LLC has seasonal income patterns or major expenses that hit at certain times of year, a simple day-count allocation might not reflect your actual economic participation. You have the right to request a "closing of the books" method under Section 706, which calculates your exact share of income and expenses up to your departure date. This is especially important for things like depreciation, prepaid expenses, and accrued income. I've seen cases where departing partners got stuck with a full year's worth of depreciation recapture or missed out on major contract income that was earned during their time but received after they left. Also, make sure someone tracks your capital account properly through your departure. Your basis calculation affects everything from how distributions are taxed to potential phantom income issues. Small partnerships often don't maintain proper capital account records, but you'll need this information for your final K-1 and any future dealings with your former partners.

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Paige Cantoni

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This is incredibly detailed advice - thank you! I'm definitely going to ask about the "closing of the books" method since our LLC's income is pretty seasonal (we do more business in the summer months). Quick question about capital accounts - our LLC has been pretty informal about record keeping. What happens if we don't have proper capital account records? Is there a way to reconstruct them, or does that create problems for my exit? Also, when you mention "phantom income issues," what exactly does that mean in this context? I want to make sure I understand all the potential pitfalls before I finalize my departure.

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