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March 30, 2024
Question

Form 1065 for two-member LLC - where to report each partner's business miles?

  • March 30, 2024
  • 2 replies
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Both partners have their own personal vehicle which is sometimes used for business. They have a main work location but have to purchase supplies sometimes on the way to the business location, or from the business location as well.

 

Other times, each partner delivers their services at a location other than their main place of business, e.g., without going to their main business location that day.

 

It seems that the miles incurred in both of those scenarios would be deductible?  If so, where would the business mileage deduction be entered on Form 1065?

2 replies

March 30, 2024

If the Partnership didn't pay for it, it doesn't go on the 1065.

 

Does the Partnership Agreement specifically state that the Partners must pay for those expenses?

 

March 31, 2024

   

  1. Reimbursement Method (accountable plan):

    • If a partner uses their personal vehicle for business-related travel, they can submit a reimbursement request to the partnership.
    • The partnership would then reimburse the partner for the business mileage at the correct IRS rate.
    • This reimbursement is treated as an expense for the business. 
  2. Deducting Expenses on Personal Return (he IRS states that using this method requires that the partnership allow it in the written partnership agreement otherwise no deduction is allowed on either the partnership or 1040s) .:

    • Alternatively, if the partnership agreement provides for it (, a partner can deduct the expenses related to their personal vehicle directly on their personal tax return. The deduction, if allowed, is taken through the unreimbursed partner expense section in the Turbotax KK-1. nothing about the vehicles is reported on the 1065
    • This method involves tracking all relevant expenses (such as fuel, maintenance, and repairs) and claiming them as deductions.
    • However, this approach depends on the specific terms outlined in the partnership agreement.
theleebAuthor
April 8, 2024

Thank you.  I will check the partnership agreement.

 

If  business-related mileage is not specifically identified in the partnership agreement, from your reply, it appears that Option 1 would apply? If so, is there a sample reimbursement request that is used for this purpose?  Could either of the two partnership issue the disbursement?  e.g., if Partner A incurred the mileage expense, would Partner B need to issue the reimbursement?

 

Lastly, where on the 1065 would this type of expense be reported?

 

Thanks.

PatriciaV
April 9, 2024

Yes, if the partnership agreement doesn't specifically state that a partner is required to pay partnership expenses without reimbursement, the partnership would need to establish an "accountable plan" for reimbursement. See the rules here: IRS Pub 463 Accountable Plans.

 

Under an Accountable Plan, the partner submits a reimbursement request to the partnership for which the expense was incurred. When the partnership pays the reimbursement, the cost is recorded as a Miscellaneous Expense. This appears on Form 1065 Line 21 with a custom description.

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