No LLC, Only partner - filing a form 1065?

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  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    No LLC, Only partner - filing a form 1065?

    I was under the impression one of my kids music instructors was going self employed for the first time so I emailed her options. She replies back thanking me and telling me she has been self employed for yrs and files form 1065 via TurboTax. I checked with the AZ-St and her business in not an LLC. What advantage would she have filing a Partneship (as the only parnter) vs. a Schedule C?
  • WhiteOleander
    Senior Member
    • Jun 2005
    • 1370

    #2
    Why would she file a partnership return when she says she is solo? If what she says is correct, I can't believe the IRS hasn't contacted her and told her she can not file the 1065. I really think she may not know what she is saying. There is no advantage to using the 1065 vs a Sch C in her scenario.
    You have the right to remain silent. Anything you say will be misquoted, then used against you.

    Comment

    • Uncle Sam
      Senior Member
      • Jul 2006
      • 1461

      #3
      I guess by the time IRS gets done with her - she'll be singing a different tune - or,
      screaming up an octave.
      Tell her she's not as sharp as she thinks she is - she's real flat.
      Uncle Sam, CPA, EA. ARA, NTPI Fellow

      Comment

      • erchess
        Senior Member
        • Jan 2007
        • 3513

        #4
        Two Points

        It strains my credulity to believe that even TT would allow a Partnership return with only one listed partner.

        Assuming she is doing a partnership or some other entity return taxable income and perhaps other things should be flowing to her 1040. I feel sure she is making errors if she is doing that at all.

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          Whadda ya wanna bet she has her husband listed as the other partner? Give us some feedback on this one.

          Comment

          • JoshinNC
            Senior Member
            • Feb 2006
            • 1180

            #6
            And as long as he does the tax return

            Originally posted by Burke
            Whadda ya wanna bet she has her husband listed as the other partner? Give us some feedback on this one.
            they technically would have a partnership since he's doing work for the "partnership".

            Comment

            • AZ-Tax
              Senior Member
              • Feb 2008
              • 2604

              #7
              Nope, she is not married

              Originally posted by Burke
              Whadda ya wanna bet she has her husband listed as the other partner? Give us some feedback on this one.
              Now she realizes she didnt have a clue on why she filed a form 1065 and she wants to go the Sch C route in 2011.

              Comment

              • JoshinNC
                Senior Member
                • Feb 2006
                • 1180

                #8
                Better go back and fix the other years too

                Originally posted by AZ-Tax
                Now she realizes she didnt have a clue on why she filed a form 1065 and she wants to go the Sch C route in 2011.
                Cuz the IRS will want to know where the "partnership" went.

                Big mess, big fees

                Comment

                • Burke
                  Senior Member
                  • Jan 2008
                  • 7068

                  #9
                  I don't know. Assuming she reported all the income on her 1040, and paid SE taxes, there would be no change. She just might wait to see if she gets any letters.

                  Comment

                  • Uncle Sam
                    Senior Member
                    • Jul 2006
                    • 1461

                    #10
                    Has your client paid any partnership fees that partnerships are subject to - that were
                    erroneously filed?
                    Uncle Sam, CPA, EA. ARA, NTPI Fellow

                    Comment

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