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I've been following this discussion closely as I'm facing a very similar situation with my own medical practice partnership. The insights everyone has shared have been incredibly valuable. One additional consideration I'd like to add: timing of the decision matters more than I initially realized. I spoke with my attorney about this, and she pointed out that making entity structure changes after you've already signed the operating agreement and started receiving K-1s can trigger more complex tax implications than setting it up correctly from the beginning. If you're still in the negotiation phase with your managing partner, this might actually be the ideal time to have these discussions, even if you ultimately decide to keep things simple. Getting clarity on the practice's policies around partner entity structures now could save headaches later if your circumstances change. @Amara Nnamani's point about the separate S-corp election while maintaining personal partnership interest seems like the most practical solution. This approach respects your managing partner's concerns about the operating agreement while still giving you the tax flexibility you're seeking. I'm curious - have you had a chance to run the actual numbers on potential tax savings? Sometimes the administrative costs and complexity can eat into the benefits more than we expect, especially in the first few years when you're getting everything set up properly.

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@QuantumQuester You make an excellent point about timing - I hadn't considered how much more complicated it could be to change structures after everything is already in place. That's definitely something to factor into my decision. I actually haven't run the detailed numbers yet on the potential tax savings, which is probably something I should do before making any final decisions. You're right that the administrative costs could significantly impact the net benefit, especially in the early years when there are setup costs and learning curves involved. Given all the insights shared in this thread - from @Amara Nnamani s'professional perspective about separate S-corp elections, to @Riya Sharma s warnings'about credentialing issues, to @Marilyn Dixon s point about'malpractice insurance implications - I m starting to'think the separate S-corp approach while keeping my partnership interest personal is the way to go. It seems like this would give me the payroll tax benefits I m looking for'without creating friction with my managing partner or risking complications with professional licensing and insurance matters. Plus, as you mentioned, having these discussions now while I m still in'negotiations is probably the smart time to do it. Thanks for adding that timing perspective - it s really helped'me think through the strategic aspects of when to make these decisions, not just what decisions to make.

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Sean Kelly

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As someone who went through a similar decision process with my dental practice partnership last year, I wanted to share my experience and what ultimately worked for me. After extensive research and consultations (including using some of the resources mentioned in this thread), I ended up following the approach that @Amara Nnamani and others have recommended - keeping my partnership interest personal while setting up a separate single-member LLC with S-corp election for my other business activities. This gave me several advantages: 1. **No conflict with partners**: My managing partners were completely comfortable with this approach since it didn't require any changes to our operating agreement or K-1 issuance 2. **Achieved tax savings**: I was still able to reduce my self-employment taxes on income from my separate consulting and speaking activities 3. **Avoided professional complications**: No issues with dental board licensing, malpractice insurance, or credentialing with insurance companies 4. **Maintained flexibility**: I can modify my separate entity structure without affecting the practice partnership The key insight for me was realizing that the tax benefits I was seeking didn't actually require changing how the partnership K-1 was issued. Instead, I focused on optimizing the tax treatment of my other professional income streams through the separate entity. @Jayden Reed - given all the potential complications discussed in this thread, you might want to consider whether there are other income sources (consulting, speaking, medical device work, etc.) where you could implement the S-corp strategy without touching your main partnership structure. This could give you the tax benefits you're looking for while keeping peace with your managing partner.

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As someone who's been in property management for over a decade, I want to emphasize how important it is to act quickly on situations like this. What your tenant is doing with the 1099-A form is absolutely not legitimate - there's no borrower/lender relationship between you as landlord and tenant. These "redemption theory" scams have unfortunately become more sophisticated over the years. The tenant is likely trying to create a paper trail that makes it look like they've somehow "paid" their rent through this fictional trust arrangement, when in reality they're just behind on rent and trying to avoid consequences. Here's what I recommend doing immediately: 1) Save all documentation - the 1099-A form, rent payment records, lease agreement, any communications about this "trust" 2) Contact the IRS to report the improper form filing (Form 3949-A as others mentioned) 3) Send written notice to your tenant that you've received an improperly filed tax form and that you're reporting it to authorities 4) Contact the tax preparation service that helped file this form - they need to know their services were used for fraud Don't let this slide thinking it will resolve itself. These schemes often escalate with additional fraudulent filings, and the longer you wait, the more complicated it becomes to unravel. The tenant is counting on your confusion and inaction to continue living rent-free while hiding behind fake paperwork. Stay strong and protect your business - legitimate tenants don't need to involve fake trusts and improper tax forms to pay their rent.

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Daryl Bright

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Thank you for this comprehensive advice! As someone new to dealing with rental properties, I really appreciate the step-by-step action plan. The point about not letting it slide is especially important - I can see how easy it would be to just ignore weird paperwork and hope the problem goes away. One question: when you mention sending written notice to the tenant about reporting the improper form, should this be sent via certified mail to create a paper trail? I want to make sure I'm documenting everything properly in case this escalates further. Also, do you have any experience with tenants retaliating after being confronted about these schemes? I'm a bit worried about how the tenant might react once they realize I'm taking action against their fraudulent filing.

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Gael Robinson

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Absolutely send any written notice via certified mail with return receipt requested. This creates an official record that the tenant received your communication and shows you're taking the situation seriously. Keep copies of everything for your records. Regarding retaliation - yes, I have seen tenants become hostile when confronted about these schemes, but in my experience they usually back down once they realize the landlord is informed and taking proper action. Sometimes they'll try to double down with more fraudulent paperwork, but that just gives you more evidence to provide to authorities. The key is staying professional but firm. Don't get drawn into arguments about the legitimacy of their "trust" or try to educate them about tax law. Simply state the facts: no lending relationship exists, the form was improperly filed, and you've reported it to the IRS. Most scammers will look for easier targets once they see you're not confused or intimidated. Document any retaliatory behavior as well - it can be useful if you need to pursue eviction for non-payment of rent while they're playing these games.

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I'm dealing with something very similar right now and this thread has been incredibly helpful! My tenant is 2 months behind on rent but just handed me some kind of "promissory note" from his "private trust" claiming it will cover all past and future rent payments. He also mentioned he's filing tax forms to "discharge the debt" which now makes perfect sense after reading about these redemption theory scams. What's really concerning me is that he's been asking for my business EIN number saying he needs it to "properly process the trust payment." After reading all these responses, I'm realizing this is probably part of the scheme to file fraudulent tax forms using my information. I'm going to follow the advice here - document everything, report to the IRS with Form 3949-A, and send certified mail notice that I'm aware of the fraudulent activity. It's scary how sophisticated these scams have become, but at least now I know I'm not alone in dealing with this and there are clear steps to take. Thank you especially to those who shared the resources like taxr.ai for understanding the tax implications and claimyr for actually getting through to the IRS. Having concrete tools to handle this situation makes it feel much less overwhelming. For any other landlords reading this - don't ignore weird paperwork or trust documents from tenants. These schemes rely on our confusion and inaction to succeed.

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Connor O'Neill

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Wow, your situation sounds almost identical to what the original poster described! The fact that your tenant is asking for your business EIN is a huge red flag - there's absolutely no legitimate reason a tenant would need that information to pay rent. That's definitely part of the scheme to use your business information on fraudulent tax forms. The "promissory note" from a "private trust" is classic redemption theory language. These scammers use official-sounding documents to create the illusion that they're making legitimate payments when they're really just trying to avoid paying rent while hiding behind fake paperwork. You're absolutely right to follow the action plan outlined in this thread. Don't give him your EIN under any circumstances, and definitely document his request for it as part of the fraudulent scheme. The sooner you report this to the IRS and confront the tenant with certified mail, the better. It's frustrating how these tenants think they can just hand us fake documents and we'll be too confused to take action. But threads like this show that landlords are getting smarter about recognizing these scams and fighting back. Stay strong and protect your business!

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Quick question - I'm using TurboTax and wondering if it can handle Form 3115 for missed depreciation? Their support wasn't clear about it.

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Dmitry Ivanov

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I tried doing this with TurboTax last year and it was a nightmare. They technically support Form 3115 but not for this specific use case. I ended up switching to H&R Block's premium version which handled it much better. FreeTaxUSA might support it too but I haven't personally tried it for Form 3115.

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Mei Chen

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I'd recommend using a professional for Form 3115, especially your first time. It's one of the more complex IRS forms with a lot of different sections and schedules. Getting it wrong can create bigger problems than just missing the depreciation in the first place. Even as a tax professional, I reference the Form 3115 instructions every time I complete one.

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Jade Santiago

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I went through this exact same situation with three rental properties I bought between 2020-2022. The stress was overwhelming until I realized how straightforward the fix actually is with Form 3115. A few practical tips that helped me: 1. Calculate your basis correctly - for residential rentals, you can only depreciate the building, not the land. Your purchase contract or property tax assessment should show the land vs building allocation. 2. Remember that depreciation starts when the property is "placed in service" for rental use, not necessarily when you bought it. If you spent time renovating before it was rentable, that affects your start date. 3. The Section 481(a) adjustment on Form 3115 will be substantial (mine was over $35k total), but don't worry - this is exactly what the form is designed for. The IRS expects large catch-up amounts. 4. File Form 3115 with your current year return, not as an amendment to prior years. This is key - it saves you from the hassle and potential issues of multiple amended returns. One last thing - make sure you continue depreciating correctly going forward! The mistake is fixable, but you don't want to repeat it. Good luck!

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This is incredibly helpful, especially the point about land vs building allocation! I never even thought about that distinction. Do you happen to know what percentage is typically allocated to land vs building for residential properties? I'm looking at my closing documents now and I don't see a clear breakdown. Would the county assessor's office have this information, or is there a standard method to determine it? Also, regarding the "placed in service" date - I did do some minor repairs and cleaning on both properties before renting them out (maybe 2-3 weeks after closing). Should I use the repair completion date or the date I first listed them for rent as the placed in service date?

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Does anyone know if this works the same way for multiple attorneys? I had both a main attorney and a specialized employment attorney that my main attorney brought in. The fee split between them was complicated but came to about 40% total.

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Yes, it works the same way. The total attorney fees are what matters for the deduction, not how many attorneys were involved or how they split it. Just make sure you have documentation showing the total amount that went to all attorneys combined.

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I went through this exact situation two years ago with an employment discrimination settlement. One thing I wish someone had told me earlier is to also keep detailed records of any costs beyond just the attorney fees - things like filing fees, expert witness costs, or court reporter fees if your case had depositions. These additional litigation costs can also be deductible as part of your case expenses. My attorney's final statement broke down not just their fee but also $3,200 in other case costs that I was able to deduct. Make sure when you request that detailed letter from your attorney that you ask them to itemize ALL costs related to your case, not just their legal fees. Also, if any part of your settlement was specifically for punitive damages, that portion might have different tax treatment, so make sure your settlement agreement clearly states what each portion of the payment covers.

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Mateo Silva

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This is really helpful information! I hadn't even thought about the other litigation costs beyond just attorney fees. When you mention expert witness costs and court reporter fees, were those costs that you paid directly or did they come out of your settlement through your attorney? Also, regarding the punitive damages portion - how would I know from my settlement agreement if any part was specifically designated as punitive? My agreement just says "settlement of all claims" without breaking down the components. Should I ask my attorney to clarify what portions of the settlement were intended to cover what types of damages?

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JaylinCharles

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Your situation is completely normal and shouldn't raise any red flags with the IRS! I work in banking and can confirm that regular person-to-person transfers like what you're describing aren't something we report to the IRS. The main things banks report are interest payments over $10, suspicious cash activity, and large transactions over $10,000. What you and your boyfriend have is a classic cost-sharing arrangement between domestic partners. The IRS sees this as splitting household expenses, not as taxable income to you. Think about it - millions of roommates and unmarried couples do exactly what you're doing every day across the country. If you want extra peace of mind, just keep a simple record showing that his monthly transfers correspond to shared housing costs. Even a basic note like "Monthly mortgage: $1500, his share: $750" would be plenty of documentation. But honestly, after 15 years in banking, I can tell you that your arrangement is so standard that it's extremely unlikely anyone would ever question it. The IRS has much bigger fish to fry than people fairly splitting their living expenses!

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This is incredibly reassuring coming from someone who actually works in banking! I had no idea that regular person-to-person transfers weren't something banks report to the IRS. I think I got spooked after reading some articles online about bank reporting requirements, but they must have been talking about those larger transactions you mentioned. Your point about millions of people doing this exact same thing really puts it in perspective. I was probably overthinking what's actually a very common living arrangement. The simple documentation approach you suggested sounds perfect - no need to overcomplicate it with fancy spreadsheets or anything. Thanks for taking the time to explain this from a banking professional's perspective. It's exactly the kind of insider knowledge I was hoping to find!

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Margot Quinn

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I went through something very similar when my sister and I bought a duplex together but only put it in my name due to her student loan issues. She pays me $900 monthly for her half of the mortgage and utilities, and I was initially worried about the same thing. After doing research and talking to a tax professional, I learned that these transfers are definitely not considered income since we're both benefiting from the shared living arrangement. The key is that you're not making a profit - you're just splitting legitimate household expenses fairly. One thing that gave me extra confidence was keeping a simple monthly email trail between us that shows the breakdown: "Mortgage $1400 + utilities $200 = $1600 total, so your half is $800." It creates a paper trail showing this is clearly expense-sharing, not income. Your $750 monthly transfers for a shared mortgage are textbook expense-splitting between domestic partners. Don't stress about it - you're handling this exactly how thousands of other couples do!

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Kaiya Rivera

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This is such a helpful example! I love the idea of keeping an email trail showing the expense breakdown - that's actually genius because it creates clear documentation that this is cost-sharing rather than just random money transfers. The duplex situation you described is really similar to what we're doing, just with a house instead. Your point about not making a profit is key. We're literally just splitting the cost of living somewhere we both benefit from. I think I was getting anxious because I'd never had to think about this kind of arrangement before, but hearing from so many people who've done the exact same thing really puts my mind at ease. Thanks for the practical suggestion about the email documentation - that sounds way more organized than my current "hope for the best" approach!

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