Executive summary
- Who files Form 1065 for an LLC: an LLC with two or more members is taxed as a partnership by default and files Form 1065, unless it elected to be taxed as a corporation. A single-member LLC usually doesn't.
- Due date: March 15, 2027 for calendar-year 2026 returns, or September 15, 2027 with a Form 7004 extension filed by March 15.
- K-1s: the LLC pays no federal income tax. Each member gets a Schedule K-1 showing their share, which goes on their own return.
- Late penalty: $260 per partner for each month or part of a month the return is late, up to 12 months, for returns due in 2027. For a two-member LLC, six months late is $3,120, even with no tax due.
Bottom line: If your LLC has a partner, put March 15 on the calendar now, close your 2026 books in January, and file Form 1065 or an extension on time even if the business lost money.
Form 1065 for LLCs is the federal partnership return. It's an information return: it reports the business's income and deductions and splits them among the owners, but the LLC itself doesn't pay federal income tax. This guide covers which LLCs file it, the 2027 deadlines, how K-1s work and a step-by-step walkthrough of tax Form 1065.
Who files Form 1065 for LLCs? (the multi-member LLC tax return)
The IRS says every domestic partnership must file Form 1065 unless it had no income and no deductible expenses or credits for the year. LLCs follow the same rule based on how they're classified for tax:
| Your LLC | Default federal tax treatment | Federal return |
|---|---|---|
| Two or more members, no election | Partnership | Form 1065, plus a Schedule K-1 for each member |
| One member, no election | Disregarded entity (taxed with the owner) | Usually Schedule C on the owner's Form 1040, not Form 1065 |
| Elected corporation (Form 8832) | C corporation | Form 1120 |
| Elected S corporation (Form 2553) | S corporation | Form 1120-S |
So the usual answer to "who files Form 1065" is a multi-member LLC that never made a tax election. If you're not sure how your LLC is classified, check your EIN paperwork or any Form 8832 or 2553 you filed before you start.
Form 1065 due date 2027 (for 2026 returns)
- March 15, 2027: the regular due date for calendar-year partnerships (the 15th day of the 3rd month after the year ends).
- September 15, 2027: the extended due date, if you file Form 7004 by March 15. The extension is generally 6 months. It extends the time to file, not to pay.
- New Jersey: the NJ-1065 is due on the 15th day of the 4th month, so April 15, 2027 for calendar 2026.
Fiscal-year partnerships use the same "15th day of the 3rd month" rule from their year-end.
Form 1065 late filing penalty
Because the LLC usually owes no tax, owners sometimes assume a late Form 1065 doesn't matter. It does. For returns required to be filed in 2027, the penalty is $260 per partner for each month or part of a month the return is late, up to 12 months (Rev. Proc. 2025-32). A two-member LLC that files four months late could owe $2,080. A full year late, $6,240.
There are separate penalties for late or incorrect Schedules K-1, so send them on time and make sure each one matches the return.
Schedule K-1 (Form 1065): what each member gets
Schedule K shows the partnership's totals. Schedule K-1 shows each member's share of the same items: ordinary business income, guaranteed payments, interest, dividends, capital gains, deductions and credits. Members report those amounts on their own returns, generally on Schedule E of Form 1040, and many also file Schedule SE for self-employment tax.
- Members aren't employees. The IRS says partners shouldn't receive a W-2. Payments to members for their work are generally reported as guaranteed payments.
- Shares follow your operating agreement. Make sure the percentages on the K-1s match it.
- Timing: K-1s go to members by the return's due date, including extensions. Your partners can't finish their own returns without them.
How to fill out Form 1065, step by step
- Confirm the classification. Two or more members and no corporate or S corporation election means Form 1065.
- Close the books for 2026. Reconcile every bank and credit card account, then produce a year-end profit and loss statement and balance sheet. Most errors on Form 1065 start here.
- Page 1: income and deductions. Enter gross receipts, cost of goods sold and deductions such as guaranteed payments, rent, taxes and depreciation. Line 23 is ordinary business income or loss.
- Schedule B: the yes/no questions. These cover your accounting method, ownership and other details.
- Schedule K: partnership totals. Ordinary income from line 23 flows here along with separately stated items.
- A Schedule K-1 for each member. One for every person who was a member at any time during the year.
- Schedules L, M-1 and M-2 (balance sheet, book-to-tax reconciliation and capital accounts). Smaller LLCs can skip them if they meet all four tests in Schedule B, question 4: total receipts under $250,000, total assets under $1 million, K-1s filed and furnished on time, and no Schedule M-3 required.
- Check whether Schedules K-2 and K-3 apply. These cover international tax items. Many purely domestic LLCs don't need them, but confirm using the instructions.
- File and send K-1s. Partnerships that file 10 or more returns of any type during the year must e-file. So must partnerships with more than 100 partners.
- File your state return. In New Jersey, that's the NJ-1065.
New Jersey: the NJ-1065 partnership return and filing fee
Partnerships with New Jersey income, or with a New Jersey resident partner, file the NJ-1065. Under the 2025 instructions:
- It's due on the 15th day of the 4th month after the year ends.
- Partnerships with more than two owners pay a filing fee of $150 per owner, capped at $250,000.
- An automatic five-month extension is available if you have a federal extension. It doesn't extend the time to pay the fee.
- Partnerships with 10 or more partners must file electronically.
- Partnerships that calculate tax for nonresident partners also file the NJ-CBT-1065.
FAQs
Usually not. By default the IRS treats a one-member LLC as a disregarded entity, so its income goes on the owner's return, usually on Schedule C. It files Form 1065 only if it has two or more members.
March 15, 2027 for calendar-year 2026 returns. With Form 7004 filed by March 15, the deadline moves to September 15, 2027.
$260 per partner for each month or part of a month the return is late, up to 12 months, for returns due in 2027. It applies even if the LLC owes no tax.
No. Form 1065 is an information return. The members pay tax on their share of the income, shown on their Schedules K-1.
Yes, if it had income or deductible expenses during the year. A loss still has to be reported and passed through to the members on their K-1s.
Merchant Financial Advisory (MFA), an accounting, tax and business solutions provider in Princeton, New Jersey, helps individuals and small and mid-sized businesses in New Jersey, New York and nationwide with partnership returns and year-end books. See our business tax services, our Form 1099 guide and our 2027 tax calendar, or book a call below.
Save the key dates
- Mon, Mar 15, 2027Form 1065 due for calendar-year 2026 partnerships and LLCs File Form 1065 or Form 7004 for an automatic 6-month extension. Schedules K-1 go to each partner. Late penalty: $260 per partner per month, up to 12 months.
Add to calendar
- Thu, Apr 15, 2027NJ: NJ-1065 and partnership filing fee due (calendar-year 2026) For partnerships with New Jersey income or NJ resident partners. Partnerships with more than two owners pay $150 per owner (2025 NJ-1065 instructions).
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- Wed, Sep 15, 2027Extended Form 1065 deadline (if Form 7004 was filed by March 15) The extension is for filing only. Schedules K-1 are due to partners by the extended due date.
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Sources
- IRS: Instructions for Form 1065 (2025)
- IRS: Form 1065 (2025), U.S. Return of Partnership Income
- IRS: Instructions for Form 7004 (Rev. December 2025)
- IRS Rev. Proc. 2025-32: penalty amounts for returns required to be filed in 2027 (Section 6698)
- IRS: Limited liability company (LLC)
- IRS: Partnerships
- NJ Division of Taxation: 2025 NJ-1065 instructions
Facts checked against the sources above as of October 20, 2026. This article is general information, not tax, legal, or financial advice, and reading it does not create a client relationship. Tax rules change and every situation is different; confirm the details for your situation with a qualified professional before acting.