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Partnership No SS for partners

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Woodsman

Member
What is the name of your state?Ga. and Al.
My brother and sister, and myself have a Georgia LLC created for the purpose of selling the family home after my parents passed. No money has been distributed in this years taxes.(2018). But do to a falling out neither sibling will speak to me. It's time to file taxes. But I do not have Social Security numbers for either sibling. I'm sure they have one, they just refuse to share it with me. It was a huge oversight on my part not to obtain these numbers. Is there any way to file taxes without my partners SS number? I do have a EIN number assigned for the LLC. There has been no money distributed as the sale did not take place until late November. Can you please advise me how to proceed?
Thank you.
 


FlyingRon

Senior Member
Someone needs to prepare and file the 1065 as well as the K-1s for the individual partners.

Are you sure you don't have it anywhere in the paperwork? Did you look through the probate stuff that got the property transferred out of the estate? How did the LLC come to own the property?

If push comes to shove and you've made a formal request, you can leave their numbers blank on the filing.
 

Taxing Matters

Overtaxed Member
Since the funds have not been distributed yet, give your siblings a Form W-9 and tell them that they get nothing until they provide that information. Filing the K-1s without their SSNs will create a problem that you want to avoid.
 

LdiJ

Senior Member
I was dealing with a similar situation earlier in the season. One of three sisters is unhappy with the others and refused to speak to either of them. One of them is the trustee of a trust formed by a deceased parent. We could not file the tax return without the unhappy siblings SSN as the trust instructs the income to be distributed to the beneficiaries. I finally offered to call her myself and she did release the SSN to me on the assurance that I would not share it with anyone else.

Maybe your siblings would cooperate with a tax professional if they won't cooperate with you?
 

Woodsman

Member
I am dealing with a tax pro. Good idea Ldij, maybe that would help. I have looked everywhere to see if I had their SS # to no avail. To tell the truth, I was blind sighted by this. I didn't think I would need it. I even called a detective agency. There are ways to access someones SS#, but it's not easy, and therefor expensive. Especially since I need 2.
I wonder what would happen if I wrote a letter to the IRS and explained the situation.
 

LdiJ

Senior Member
I am dealing with a tax pro. Good idea Ldij, maybe that would help. I have looked everywhere to see if I had their SS # to no avail. To tell the truth, I was blind sighted by this. I didn't think I would need it. I even called a detective agency. There are ways to access someones SS#, but it's not easy, and therefor expensive. Especially since I need 2.
I wonder what would happen if I wrote a letter to the IRS and explained the situation.
The IRS will NEVER give you someone else's SSN. If you do a K1 without an SSN the IRS will expect you to do 30% backup withholding.

Perhaps if your tax pro called your siblings and told them that if they do not cough up their SSN's that 30% of their distribution would have to be withheld and sent to the IRS...and it would be very difficult to get the IRS to credit that withholding to them, because it would NOT be attached to their SSN.;)
 

LdiJ

Senior Member
It's a $200/partner/month penalty for late filing.
So, with three of you that means 600.00 a month penalty until you file the return. I actually think its 195.00 rather than 200.00, but 200.00 works for an average.
 

Woodsman

Member
At what point can I pay the $600, and go on with my life? It is physically impossible to extract a string of number, or anything else from someone who refuses. Surly there must be some other recourse. They don't care about the money. They seek revenge. They delight in having something I need, and sadistically denying it. Brother has no phone. No internet. Totally off the grid. I was dog bit the last time I tried to drive over there. He is the more accessible of the two. Maybe the tax person will have some ideas.
 
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