Top IRS Forms Every Tax Attorney Must Prepare for the 2024–25 Filing Season

A Business Boom — and the Quiet Tsunami of IRS Paperwork

In 2024, Americans filed an astonishing 5.21 million new business applications — a record‑setting wave of entrepreneurs seeking to launch ventures. As 2025 unfolds, applications continue at a brisk pace: in the first months alone, over 3.56 million applications have already been lodged. For tax attorneys, this surge isn’t just a sign of entrepreneurial optimism — it’s a clarion call: the demand for expert preparation of IRS‑required forms, compliance paperwork, and ongoing tax filings is about to surge. When startup owners and small businesses rush to get their operations off the ground, missing or mismanaging IRS forms can lead to costly delays, penalties, or missed deadlines.

Why 2024–25 Is Critical: When High-Propensity Business Growth Meets New IRS E-Filing Rules

According to the U.S. Census Bureau’s Business Formation Statistics (BFS), new business applications in the United States have remained historically high since the post-pandemic surge began in 2020, with monthly filings consistently exceeding 400,000 applications nationwide. While 2025 data continues to be released on a rolling basis, the Census Bureau confirms that the long-term trend of elevated business formation is ongoing. This continued wave of entrepreneurship — especially in “High-Propensity Business Applications” (the category the Census uses for businesses likely to hire employees) — drives increased demand for Employer Identification Numbers (EINs), payroll setups, and early-stage federal tax compliance. As a result, tax attorneys remain central to guiding new business owners through entity structuring, IRS filings, and ongoing compliance obligations.

multaneously, significant regulatory changes introduced by the IRS are reshaping the compliance landscape beginning in 2024. Under Treasury Decision 9972, which implements elements of the Taxpayer First Act, the electronic-filing threshold for information returns — such as Forms W-2, 1099-NEC, 1099-MISC, 1098, and various Affordable Care Act information forms — has decreased sharply. Instead of the previous limit of 250 returns per form type, any filer submitting 10 or more information returns combined across categories must now e-file. In practical terms, even a small business issuing six W-2s and five 1099s must file electronically, a shift that dramatically expands the number of entities subject to mandatory e-filing.

The result is a convergence of forces: high employer-type business creation paired with tighter federal compliance rules. This creates a decisive moment for tax attorneys. Clients forming new entities will increasingly rely on attorneys to secure EINs, structure payroll correctly, prepare compliance calendars, and ensure all information returns meet mandatory e-filing standards. As businesses navigate these overlapping obligations, tax attorneys who can guide clients proactively through 2024–25’s requirements will be indispensable.

The Core IRS Forms Lawyers Must Master — and How They Map to Client Needs

For any tax attorney advising entrepreneurs or small businesses, a foundational knowledge of the relevant IRS forms is essential. The required forms depend heavily on the business’s legal and tax classification. For a sole proprietor or single‑member LLC taxed as a sole proprietorship, clients will typically file Form 1040 (or 1040-SR) along with Schedule C — and, if they owe self‑employment tax, often Schedule SE. For partnerships, attorneys should prepare Form 1065, and ensure that each partner receives a properly drafted Schedule K-1. Corporations — whether C‑ or S‑corps — will need Form 1120 (for C‑corps) or Form 1120-S (for S‑corps), depending on prior election.

But that’s not all. If the business has employees or expects to pay wages, attorneys must advise on payroll‑tax filings: typically Form 941 (quarterly), or Form 944 or Form 940 when applicable. And businesses making payments to contractors or other non‑employees may need to handle information returns such as Form 1099‑NEC or Form 1099‑MISC, subject to the IRS’s e‑file rules if the volume of returns triggers the new threshold.

For a tax attorney, this array of forms isn’t just bureaucratic detail — it represents the roadmap of compliance that clients must follow. Advising clients early (entity selection, payroll expectations, contractor use) enables smarter planning and fewer surprises.

Real‑World Case Study: April 2025 — When EIN Demand Meets Payroll Reality

The most recent data from the U.S. Census Bureau (April 2025) reported 449,508 total business applications (seasonally adjusted), and among those, 156,107 were high‑propensity and 44,017 indicated planned wages. These figures reflect a wave of new companies not only seeking EINs but expecting to hire — a sign that many startups plan to scale quickly.

For a tax attorney representing a newly incorporated entity from that cohort, these numbers translate into immediate work: filing Form SS-4 to obtain an EIN, advising on classification (LLC, S‑Corp, C‑Corp, partnership) based on the owner’s goals, and setting up payroll and contractor compliance. With the IRS’s updated electronic‑filing mandate, many of these returns will require e‑filing from the get‑go — making timely and accurate preparation critical. The April 2025 data is not just a statistic — it’s a real pulse‑check showing why expert legal and tax guidance is in high demand.

Looking Ahead: Tax Season 2025 and Beyond — Challenges, Trends, and Opportunities

As the 2024–25 filing season rolls on, several trends are worth watching for tax attorneys. First, the rate of new business applications remains elevated compared to pre‑pandemic norms, meaning the flow of new clients will likely continue. Second, clients will increasingly expect integrated, digital‑friendly tax services: with expanded e‑filing requirements, many will want support not only in preparing returns but in electronic submission, record keeping, and compliance calendars.

Third, the diversity of business models — from solo consultancies to partnerships to small corporations — means attorneys must remain adept across multiple entity types and tax regimes. Proper entity election, bookkeeping setup, payroll strategy, and compliance planning will no longer be optional — they’ll be foundational services.

For firms offering support (such as document‑drafting, compliance checklists, or repeatable tax‑prep frameworks), this environment presents a significant opportunity to serve as trusted advisors throughout a company’s lifecycle.

Practical Toolkit for Attorneys — From First Client Call to Tax-Compliance Engine

• Begin with foundational client intake questions:

  • What is the business structure — sole proprietorship, partnership, LLC, or corporation?
  • Will the business have employees now or soon?
  • Will the client pay contractors or issue multiple information returns?

• Map the required IRS forms based on the answers:

  • EIN acquisition: Form SS-4
  • Income-tax returns: 1040 + Schedule C (sole proprietors), 1065 (partnerships), 1120 or 1120-S (corporations)
  • Payroll filings: Form 941 quarterly, plus 940 or 944 when applicable
  • Information returns: 1099-NEC, 1099-MISC, and related forms when required

• Create a compliance timeline for the client:

  • Quarterly payroll-tax filings
  • Estimated-tax due dates
  • January information-return deadlines (1099s, W-2s)
  • Apply the IRS’s 2024 e-file mandate — if the client files 10 or more information returns combined, electronic filing is required.

• Build a proactive compliance system:

  • Set up a calendar to prevent missed filings or penalties
  • Standardize workflows for payroll, bookkeeping, and contractor payments

• Educate clients on the value of meticulous bookkeeping:

  • Clean records strengthen deductions, minimize audit risk, and support payroll accuracy
  • Good books help with tax planning, entity-election decisions, and long-term strategy

• Position yourself as a strategic partner, not just a preparer:

  • When clients understand their compliance roadmap, they gain confidence
  • This creates ongoing advisory relationships and long-term value

Frequently Asked Questions (FAQ)

Do single-member LLCs need an EIN or a separate tax return?

A single-member LLC taxed as a sole proprietorship files Form 1040 with Schedule C and Schedule SE. An EIN is only required if the LLC has employees, files certain federal forms, or the owner prefers not to use their SSN on business documents.

Is e-filing mandatory if my business files multiple 1099s or W-2s?

Yes. For 2024 and later, any business filing 10 or more combined information returns (such as 1099s and W-2s) must submit them electronically. Even small businesses can reach this threshold quickly.

If I elect S-Corporation status mid-year, do I need more than one tax return?

Usually yes. You must file an 1120-S for the portion of the year after the S-Corp election, and the earlier period may require a separate filing depending on your prior tax classification.

2025 Updates & Regulatory Changes Attorneys Should Note

The 2024 expansion of the IRS’s electronic‑filing mandate now affects many more small businesses and information‑return filers: any taxpayer or business issuing 10 or more information returns (1099s, W-2s, etc.) in a calendar year must e‑file. This means that many small businesses that previously mailed paper returns will now need to plan for digital submission — making it more important than ever for attorneys to offer e‑file friendly guidance, or partner with e‑file‑capable support teams.

In addition, as business‑formation rates remain elevated through 2025, the volume of EIN applications, payroll setups, contractor engagements, and information returns will likely remain high. For attorneys, this signals continued demand — not only for one‑time entity‑formation services, but for ongoing compliance support: bookkeeping, payroll tax filings, corporate tax returns, and contractor compliance.

Turning the Surge in Business Formation into Strategic Legal Opportunity

The wave of new business applications in 2024–25 — millions of entrepreneurs launching ventures across the United States — represents more than optimism. It represents real demand for tax‑compliance expertise. For tax attorneys, mastering core IRS forms (SS‑4, 1040/Schedule C, 1065, 1120/1120‑S, payroll and information‑return filings) is no longer optional; it’s essential. By combining careful entity evaluation, proactive compliance calendars, e‑file readiness, and clear, transparent bookkeeping and tax planning, attorneys can help clients navigate the complex tax terrain — reduce risk, save time, and build long‑term trust.