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Tax Blog

Does a partnership need to file a tax return if it had no income?

The IRS has different filing requirements with respect to a particular entity.

Partnerships and corporations have different standards for filing an information return or income tax return.

  • A domestic partnership must file an information return, unless it neither receives gross income nor pays or incurs any amount treated as a deduction or credit for federal tax purposes.
  • A foreign partnership generally must file an information return if:
    • It has gross income effectively connected with the conduct of a trade or business within the United States,
    • It has gross income derived from sources in the United States, or
    • It is making an election, such as an election to amortize organization expenses.

Refer to the Instructions for Form 1065, U.S. Return of Partnership Income for exceptions to filing requirements.

  • A domestic corporation (including a Subchapter S corporation) must file an income tax return whether it has taxable income or not, unless it’s exempt from filing under section 501.
  • A foreign corporation generally must file an income tax return if it:
    • Engages in a trade or business in the United States, even if it has no income effectively connected with the conduct of a trade or business in the United States during the taxable year,
    • Has income, gains or losses treated as if effectively connected with the conduct of a U.S. trade or business and subject to taxation under subtitle A of the Internal Revenue Code (relating to income taxes), or
    • Doesn’t engage in a trade or business in the United States at any time during the taxable year but has U.S. source income, and the withholding at source under Chapter 3 of the Internal Revenue Code didn’t fully satisfy its taxation.
    • Was, or had a branch that was, a QDD (Qualified Derivatives Dealer).

Refer to the Instructions for Form 1120-F, U.S. Income Tax Return of a Foreign Corporation for other reasons a foreign corporation must file a return and exceptions to filing requirements.