Do I need to file?

April 15, 2009 6:49 AM

Taxfilter: I'm a partner in a Pennsylvania LLC. I filed final returns for both state and federal last year but never got around to dissolving the LLC. Do I have to file again this year?

You are not my tax lawyer/CPA. The LLC has not had any transactions for several years so I am not planning on consulting a tax professional. Does filing a final return (f1065 for federal) mean I do not have to file the following year if the LLC still exists? I think it does, but with it being the last possible day today I just wanted to see if anybody thinks otherwise.

posted by Brennus to Work & Money (1 answer total)

Best answer: Here's the thing: corporations are registered with the state, not the federal government. But there's still a pretty decent checklist for closing out a business with the IRS. You might want to take a look.

But business associations are usually registered with their respective states, yes? Yours was supposed to have been anyways. As such, the state is going to want to know what happens, and de-registering a business association usually involves a few forms and fees.

The PA state publication on the issue suggests that an LLC which has not been dissolved still needs to file something, even if it's merely a declaration of de minimus activity (form RCT-101D).

I'd do that and then see about formally dissolving the entity so you don't have to keep doing this.

Look, I can't really give you more specific advice than that, as I'm not a licensed PA lawyer, but that's at least a place to start. In short, yeah, there's more to it than filing a final return, and you should really cover your bases here.
posted by valkyryn at 8:06 AM on April 15, 2009