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Old 04-20-2015, 03:13 PM
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Question Can the onus of filing 'final' LLC tax return (form 1065) be on a passive partner ?

The LLC partnership terminated in Oct 2014 due to the fact that 3 passive/silent members sold interest to the remaining 1 active "member manager", who now continues to run the business as a single-member LLC. According to the tax laws, who is responsible for engaging a CPA, preparing the 'final tax return' (form 1065) and having it filed on time before the IRS deadline (which is the 15th day of the 4th month after the partnership termination)?

Can the 3 passive/silent members be held responsible for the LLC not filing the 1065 on time - even though the 3 silent members have filed their personal tax returns on time, including the anticipated K-1 (which the LLC has not yet filed with IRS) ?

The Partnership Operating Agreement does not address the scenario of which member is responsible for the activity of filing the LLC's tax return. Kindly advise what the IRS tax law says about this. Thank you!



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