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Old 03-22-2017, 03:42 PM
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Join Date: Mar 2017
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LLC will not issue K-1 for 2016 after lawsuit settled in January 2017

My LLC-Evergreen had 30% interest in a Data Center MLDC 1, LLC developed in WA in 2016. There were no distributions in 2016 but there was substantial depreciation to carry forward.

MLDC 1, LLC's managing member and 70% owner went rogue in early 2016...I had to sue in Federal District Court wherein after 1 year later we mediated to a substantial buyout of Evergreen's interest and judgement in my favor.

What's now missing is the K-1 from 2016 from MLDC 1, LLC which would have 6-figure depreciation to my LLC-Evergreen.

I wanted this included in the mediation but my attorney push to keep the eye on cash settlement/payout over time. Now I don't know if I can force the Managing Member to tender the 2016 K-1, but Evergreen was a legal owner in 2016 and our settlement was 2017 going forward.

What do I do?

Brad in Bend, OR



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Old 03-23-2017, 03:51 PM
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Join Date: Oct 2010
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The LLC must file partner tax returns that include a Sch K. The LLC must also provide all the LLC owners with a Sch K-1, which contains information about each owner's proportionate share of income and expenses.



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