Drake Tax -1065: Who Must Sign - Partner, LLC Member, Paid Preparer, ERO PIN

Who must sign a 1065 Partnership Tax Return

Form 1065 must be signed by a partner/LLC member and the paid return preparer in order for it to be considered a "return." In Drake Tax, use the K1 screen to indicate which partner/LLC member will sign the return by checking the Signs Return check box. Also enter the partner's title in the field Title for Pin Signature. If you have a title entered, and the Signs Return box is checked, the title along with the necessary partner information will flow to the PIN screen.

The PIN signature serves as the signature for electronic filing for both the partner/member and the ERO. The PIN numbers must be entered on the PIN screen along with the Signature date for the partner/member.

The Partnership Representative Form is shown on Schedule B at the bottom of Form 1065, page 3, and can be different from the person who signs the return. See Drake Tax - 1065 - Appointed Representative (Tax Matters Partner) for details on the PTR REP requirements.

Per the 1065 instructions:

"Form 1065 isn't considered to be a return unless it is signed by a partner or LLC member. When a return is made for a partnership by a receiver, trustee, or assignee, the fiduciary must sign the return, instead of the partner or LLC member.

Returns and forms signed by a receiver or trustee in bankruptcy on behalf of a partnership must be accompanied by a copy of the order or instructions of the court authorizing signing of the return or form.

When filing an AAR, Form 1065 must be signed by the partnership representative (PR) (or the designated individual (DI) if the PR is an entity) for the reviewed year.

If a partner, member, or employee of the partnership completes Form 1065, the paid preparer's space should remain blank. Only paid preparers with a valid preparer tax identification number (PTIN) should complete this section.

Generally, anyone who is paid to prepare the partnership return must do the following.

• Sign the return in the space provided for the preparer's signature,

• Fill in the other blanks in the “Paid Preparer Use Only” area of the return. A paid preparer cannot use a social security number (SSN) in the “Paid Preparer Use Only” box. The paid preparer must use a PTIN.

• Give the partnership a copy of the return in addition to the copy to be filed with the IRS."