Nebraska LLC

[WhiteOleander]

Hey folks,
I have a client that formed a LLC in Nebraska. He is filing on a Sch C as a sole proprietor. I called the Dept of Revenue in Nebraska to see if there is a filing requirement for the LLC in Nebraska. He is not incorporated or a partnership. They seemed confused by the question. I am not talking about filing a personal tax return for Nebraska. In Texas the LLC has to file with the State even if there is no revenue. That is separate from the Federal return.

Hope this makes sense and someone from that area can help.

Thanks so much.

[TAXNJ]

Does this provide any insight?

https://portal.kansas.gov/business/structure/

[TaxGuyBill]

As far as I know, Texas and California are the only states that require a special, separate LLC filing.

Also, I just check my list of e-file-able "States" in ProSeries, and Texas and California are the only LLC filings listed.

The fact that Nebraska was confused wich what you are talking about also supports the fact that they do not require anything.

[TAXNJ]

LLC filing

Don't know if one should rely on an answer given by someone answering the phone who you say "seemed confused". Also, some tax software companies may not offer e-file for all tax return forms.

See info below:
"An LLC will have the same filing status for Nebraska purposes as it does for federal purposes. An LLC filing a federal Corporation Income Tax Return must also file a Nebraska Corporation Income Tax Return, Form 1120N......"

SOURCE:

http://www.revenue.nebraska.gov/question/businctax_faq.html#businc03

[WhiteOleander]

TAXNJ, Thanks for the links. I had seen the one from the Nebraska site. I had not seen the video. As far as I can tell, filing the personal tax return reporting the Nebraska income from the trucking business is all that is required. The trucking company he drives for has him lease the truck from them. I believe they made him set up the LLC. They have a company that will prepare the tax returns for him. He had them do so for 2016. But they refuse to give him a copy. So, he came here. He doesn't know much about his filing requirements. So, we are trying to figure it out.

Thanks all for your help.

[Burke]

. They have a company that will prepare the tax returns for him. He had them do so for 2016. But they refuse to give him a copy. Thanks all for your help.

Seriously? Isn't it required that they give him a copy of any tax return filed for him?

[TaxGuyBill]

If they never gave him a copy, that is a BIG 'red flag' about the tax preparer (and by extension, the trucking company that is referring its workers to it).

However, it is also possible the tax preparer originally gave him a copy (which clients commonly misplace) and the they won't give him a second copy. There isn't anything legally wrong with that.

[TAXNJ]

Seriously? Isn't it required that they give him a copy of any tax return filed for him?

Yes

Per Cir 230 and 26 U.S. Code § 6107 - Tax return preparer must furnish copy of return to taxpayer and must retain a copy or list.

One can file complaint with the IRS

[Burke]

If they never gave him a copy, that is a BIG 'red flag' about the tax preparer (and by extension, the trucking company that is referring its workers to it).

However, it is also possible the tax preparer originally gave him a copy (which clients commonly misplace) and the they won't give him a second copy. There isn't anything legally wrong with that.

That may be a possibility. The IRS does allow companies to charge for any duplicate copies , but I would think they still have to provide one if they are still in business. He can always get one from the IRS for a fee, or a transcript for nothing.