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01/26/2012 at 02:08PM PST
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gogreengold
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09/20/09 5:53pm PDT
Viewed by asker 02/12/10 5:33pm PST

3 months partnership. What do I do.

I have a partnership that had 2 partners. One partner left. She has no investment in partnership other than her time. Partnership was started in June 09, she left in Aug 09. Do I have to file a 1065 for just those 3 months? Do I need to get a new EIN

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09/20/09 7:29pm PDT

 If there was, in fact, a partnership, then yes, you need to file a 1065 for those months.  The sole proprietorship remaining after the other partner left may or may not need an EIN, but if it needs one, it gets a new one.

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09/20/09 8:53pm PDT

They applied for their own numbers as a partnership. And then they came to me for their accounting.  Business ran a loss for the first three months. Since the partner never invested any $ into business, can she still take a loss from the partnership?

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09/21/09 6:52am PDT

yes you will need to complete a Form 1065 if there was actually a partnership during 2009 for the time period in question. You mey need to get a new EIN for the sole propership that remained

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 You need to read the operating agreement, and look at the capital account regs.  I suspect that you'd allocate phantom income to her sufficient to zero out the losses, but that's not necessarily the right answer.

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