Llc partnership election

[S T]

I have a LLC electing to file as a partnership - All good
Was 3 members - now 2 members - the 1 member that is no longer present, was originally designated as the Tax Matters Partner.

What is the procedure to notify IRS that the TMP needs to be changed/updated? I have not found a form to complete, but did note it on the 2011 Tax Return.

Notices are being received in the name of the "original TMP"

Thanks,

Sandy

[DaveinTexas]

Great question

and the answer is not so easy to find. I found the following information from the IRM Section 8.19.1
It reads as follows:

"Thirty days before selection, the Service will notify the partnership (or LLC) by mail that the largest profits interest rule is impracticable and the Service will select a TMP unless the partnership makes a proper designation. See Treas. Reg. section 301.6231(a)(7)-1(r)(2). Letter 2700 (Designation of Tax Matters Partner Request) with Form 13798 (Tax Matters Partner (TMP) Designation Form) may be used to request that the partnership designate a new TMP. Similarly, Letter 2700-L (Designation of Tax Matters Partner Request-LLC) and related Form 13798-L (Tax Matters Partner (TMP) Designation Form -LLC) may be used to request that an LLC designate a new TMP. A duplicate original copy of the designation form should be filed by the partner at the Campus where they filed their return in accordance with the Regulations."

It seems this Form 13798-L or Letter 2700-L is the method to designate a new TMP but I can't find these forms ANYWHERE!!! I would suggest calling the PPS line at 1.866.860.4259 to see if they can change the TMP internally.

[DaveinTexas]

Found your answer

IRC 301.6231(a)(7)–1

d) Certification by current tax mat- ters partner of selection of successor. If a partner properly designated as the tax matters partner of a partnership for a partnership taxable year under this sec- tion certifies that another partner has been selected as the tax matters partner of the partnership for that taxable year, that other partner is thereby designated as the tax matters partner for that year. The current tax matters partner shall make the certification by filing with the service center with which the partner- ship return is filed a statement that—
(1) Identifies the partnership, the partner filing the statement, and the successor tax matters partner by name, address, and taxpayer identification number;

The rest of this section can be found here: http://www.unclefed.com/Tax-Bulls/1997/Td8698.pdf

Just go to the column on the right side of page 2 of this document. Just a thought, the statement filed with the service center may still take longer than what is needed, I would see if PPS could solve this issue quicker.