General Partnership Tax Filing Obligations
Every domestic partnership must file an annual Form 1065 (U.S. Return of Partnership Income) with the IRS. A domestic partnership includes a multi-member limited liability company (LLC), general partnership (GP), limited partnership (LP), limited liability partnership (LLP), and limited liability limited partnership (LLLP).
Tax Return Filing Deadlines & Extensions
The responsible party must file Form 1065 on or before March 15 of each year following the end of its calendar year tax year. Or, if the 15th falls on a weekend or federal holiday, it is due the next business day.
For example, a calendar year partnership formed on August 1, 2025, has a tax year ending December 31, 2025. For the initial year return (August 1, 2025, to December 31, 2025), the partnership must file its 2025 Form 1065 on or before March 15, 2026. Because March 15, 2026, falls on a Sunday, the filing deadline is now March 16, 2026.
If the partnership is unable to file its Form 1065 by the filing deadline, it can submit a Form 7004 extension request, which grants the partnership an additional six months to submit the tax return.
State Partnership Return Filings
If a partnership is opened within a particular state or operates a business within that state, the partnership may have a state partnership return filing obligation. Not all states have state returns – but many do.
For example, assume John and Jane form a Connecticut LLC. John is a resident of Connecticut, and Jane is a resident of Florida. The LLC operates a business in Hartford, CT. The LLC is taxable as a partnership for federal tax purposes and must submit an annual Form 1065 return to the IRS.
Additionally, since the LLC operates a business within Connecticut, it must also file a Connecticut Form CT-1065/CT-1120SI for a pass-through entity.
State Partnership Return Filings Based on the Residency of a Partner
Some states have even more onerous partnership filing obligations, which may seem counterintuitive. A small number of U.S. states require a partnership to file a state partnership return and provide state-specific K-1s simply because one or more of the partners are residents of the particular state.
This requirement exists even in cases where the owners established the partnership outside of the state, do not conduct business within the state, or do not receive state-source income.
As of 2023, eight states require a partnership return solely because a partnership has a resident partner. Those states include Georgia, Indiana, Missouri, New Jersey, New York, Oregon, Pennsylvania, and West Virginia.
What’s an Example Filing Requirement?
Assume John, Adam, and Mark form a Delaware LLC, which is taxable as a partnership for federal tax purposes. The business operates a restaurant located in Orlando, Florida.
John is the LLC manager and is solely responsible for running the business operations. Adam and Mark are limited partners who provided start-up capital to open the restaurant.
John is a resident of Florida, Adam is a resident of Connecticut, and Mark is a resident of New Jersey. The partnership files Form 1065 and issues a Schedule K-1 to each of its owners.
The partnership must also file a New Jersey Form NJ-1065 because one of the partners (Mark) is a resident of the state. The partnership DOES NOT have to file a CT Form CT-1065 because the partnership is not engaged in business within CT and has no CT state-source income.
Even though the partnership is filing a New Jersey return, it does not mean that any of the income is sourced to New Jersey. John (Florida) and Adam (Connecticut) will receive a New Jersey Schedule K-1; however, it does not mean they have to file a New Jersey nonresident individual tax return and pay New Jersey taxes.
