This question was answered by Taylor, CPAI, Deduction’s AI tax accountant, and Deduction’s licensed CPAs.
Form 1065 (U.S. Return of Partnership Income) is only for partnerships, that is, entities with two or more owners.
By default, the IRS treats a single-member LLC as a disregarded entity for federal income tax purposes. Because there is only one owner, there is no partnership, so Form 1065 is not permitted.
The LLC may still need its own EIN for payroll or excise taxes, but that does not change how income is reported.
A single-member LLC may elect to be taxed as a corporation by filing Form 8832.
After that election:
Even after making a corporate election, the LLC still cannot file Form 1065 because it has only one owner.
If a single-member LLC files Form 1065 without having:
The IRS may:
Source:
Treasury Regulation § 301.7701-3(b)(1) - Entity classification rules
Instructions for Form 1065 - Who Must File
Instructions for Schedule C (Form 1040)
Form 8832 - Entity Classification Election
IRS Publication 334 - Tax Guide for Small Business
The information provided does not, and is not intended to, constitute legal advice.
