LLC filing 1065 without ITIN, help!

Forum|Forum|6 years ago
March 3, 2020
3 replies
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I have prepared my 1065 for my LLC partnership, but on my schedule K-1 it asks for my SSN/ITIN.

As a non-resident alien, I don't have my ITIN yet. I will be applying for my ITIN when I go to the US in the end of April.

Do I need to file 7004 for an extension on the entire LLC's filing? If so, what happens to my partner's individual return? My partner is a general partner, and is also self employed on the side so needs to file his self-employment. Does he have to file for an extension on everything?

note in case it influences anything: we made an overall loss this year, it doesn't look like we're going to have to pay anything for our LLC activities.

Not A Product Question

DianeC958

Yes, you need to file an extension for your partnership return this gives you until September 15 2020 to file the partnership return. You cannot file a US tax return without an SSN or an ITIN.

Your partner can also file an extension for his personal return which gives him until October 15, 2020 to file his return. He needs to pay any tax due by April 15, 2020. The extension is just an extension of time to file the tax return.

Then once you have your ITIN you can file the partnership and personal tax return. You do not need to wait until the extension date.

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emyAuthor

Thanks for your response, is my partner obliged to file for the extension or is it optional? ie, can he file his schedule K-1 as per the normal deadline even if we have extra time to file the 1065?

Thanks again 🙂

DavidS127

The Form 7004 extension is for the partnership Form 1065. Only one extension is filed for the partnership, and it covers all partners on the tax return.

But, each of the partners will need to file an extension of their personal tax return (Form 1040 or Form 1040-NR), if the partnership return is not prepared in time for each partner to receive their K-1 to file with their personal tax return by 4/15/2020. The form for the automatic extension of the Form 1040 is Form 4868. You can file this Form 4868 extension from TurboTax Online or TurboTax Download/CD.

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NIRA0213

We registered our LLC Partnership last year in USA.

This is the very first time we are submitting a tax file.Our partners are srilankan and they don't have SSNs or ITINs. Because of that issue,we can't fill the schedule - K correctly. What can we do about this?

DaveF1006

Please read this IRS FAQ regarding foreign partners. They do need to have a SSN or ITIN for you to electronically file their return because a foreign partner needs to file a US 1040 NR return. If your partners do not have this, your return will need to be mailed in.

The partnership should notify any of its foreign partners without a valid TIN of the necessity of obtaining a U.S. TIN. An individual's TIN is the individual's social security number (SSN) or ITIN. To apply for SSN or ITIN, they need to contact their home country. Also they can apply for an ITIN by downloading and completing a form W7. Turbo Tax does not support this filing but here is a W7 copy that can be downloaded and signed by the partner.

Now when you mail in your return you will need to:

1. Attach a statement to your tax return, that states that one or more partners is a nonresident alien while your LLC is a US based company and that these partners do not have a TIN.

2. List the name, address, for all your partners. Include copies of the signed W7 applications in your tax return to show that a TIN is being applied for.

3. If the partners are applying for a SSN or ITN in their own countries, indicate this in the statement.

Please read this IRS website on where to mail your completed return in.

You also might consider this option in lieu of filing your return now. You can file an extension of time to file your 1065 return by completing form 7004. Please read this Turbo Tax post for more information on filing an extension. Filing an extension will give you extra time so your foreign partners can obtain their TiNS before your extension expires. The 7004 will need to be printed and mailed in but if you mail in before the due date of your return, you will be considered as filing this before the due date of the return.

@NIRA0213

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NIRA0213

Thank you very much for your support .

I have some questions more.could you please help me to solve it?

1.we haven't necessary time to mail tax return now.can we get permission to extension? What do we do for that?

2.Can we submit tax return online when we get the ITIN?

BrittanyS

The IRS lists three options for E-filing the W7. Although some services state you can e-file, I would use one of the options provided by the IRS. The options are:

Mail your W-7, tax return, proof of identity, and foreign status documents.
Apply for an ITIN in person using the services of an IRS-authorized Certifying Acceptance Agent
Make an appointment at a designated IRS Taxpayer Assistance Center

The W7 form and the documents to be mailed with the form should be the original signed documents or a certified copy, including an official seal, from the original issuing agency (original documents will be returned to you at the address listed on the W7 form.

The other documents that should be included with the W7 are as follows: