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im in kinda same boat with my sneaker reselling but sometimes i make profit sometimes loss. my accountant told me since its not just a hobby but im trying to make profit overall, i need to file schedule C even for the years i lose money. if u report losses too many years in a row irs might say its just a hobby not a business and disallow the losses. thats what happened to my cousin with his baseball card collection
Great thread! I'm dealing with a similar situation with my Pokemon card collection. One thing I learned from my CPA is that you can use the "fair market value" method for establishing your cost basis on items you bought years ago without receipts. For example, if you sold a card in 2024 that you bought at a convention in 2019, you can research what that card was selling for in 2019 using sites like eBay sold listings, price guides, or auction records from that time period. The IRS accepts this as reasonable documentation as long as you're consistent and not inflating values. I've been going back through old forum posts and Facebook groups where people discussed prices they paid for items - sometimes that's the best evidence you can find. It's tedious work but worth it when you're looking at a big 1099-K amount that doesn't reflect your actual profit. Also remember that if you're consistently losing money over multiple years, you might want to treat it as a hobby rather than a business to avoid the Schedule C complications that Noah mentioned. Just depends on your specific situation and intent.
This is really helpful advice about using fair market value research! I'm new to dealing with 1099-K issues and have been stressed about not having receipts for older purchases. Question though - when you say "consistent" with values, does that mean I need to use the same method (like eBay sold listings) for all items, or just that I can't cherry-pick the lowest prices I can find? Also, how far back can you reasonably go with this approach? Some of my collectibles were purchased 5+ years ago when the market was very different.
I went through this exact situation with my business partner last year! You're absolutely right that the terminology can be confusing when you're an LLC but filing as a partnership. The simple answer is: since both you and your wife are actively involved in running the business, you should both indicate "General Partner" on your tax organizer. The IRS doesn't really distinguish between LLC "members" and partnership "partners" for tax purposes - they just need to know if you're actively participating in the business or if you're passive investors. The GP designation means your share of the LLC income will be subject to self-employment tax, which is appropriate since you're both working in the business. If either of you were just a silent investor who didn't participate in management decisions or daily operations, that person might qualify as a Limited Partner and potentially avoid some SE tax. Your accountant is asking this question because it affects how they prepare your Form 1065 and Schedule K-1s. Since you're both making business decisions and handling operations, GP is definitely the right choice for both of you. Don't overthink the legal structure differences - just focus on accurately describing your actual participation level in the business.
This is exactly what I needed to hear! I've been overthinking this whole thing for days. Your explanation about the IRS not distinguishing between LLC members and partnership partners for tax purposes really puts it in perspective. Since my wife and I are both involved in making business decisions and handling day-to-day operations, it sounds like we should definitely go with General Partner designation for both of us on the tax organizer. I was getting caught up in all the legal terminology differences, but you're right that it really comes down to accurately describing our actual participation level. Thanks for sharing your experience - it's really reassuring to know so many other business owners have successfully navigated this same confusion. I feel much more confident about completing our accountant's organizer before the Friday deadline now!
I completely understand your confusion - I went through the exact same thing when my business partner and I were preparing our first LLC partnership tax return! You're absolutely correct that as LLC members, you're not technically "partners" in the legal sense. However, when your multi-member LLC elects partnership taxation (which happens by default), the IRS essentially maps your LLC roles onto partnership terminology for tax purposes. Since both you and your wife are actively involved in managing and operating your LLC, you should both be classified as "General Partners" on your tax organizer. The key test the IRS uses is "material participation" - if you both make business decisions, handle day-to-day operations, or are otherwise actively involved rather than being passive investors, then GP designation is correct. This designation primarily affects self-employment tax treatment. As general partners, both of your shares of the LLC's income will be subject to self-employment tax, which is appropriate since you're both actively working in the business. Don't get too hung up on the terminology mismatch between your legal LLC structure and the tax classification. Your accountant just needs to know your actual participation levels to properly prepare your Form 1065 and Schedule K-1s. Focus on accurately describing your roles in the business, and let your CPA handle the technical filing details. You're making the right choice by getting this clarified before your Friday deadline!
As a newcomer to this community, I want to add my perspective as someone who recently went through a very similar situation. My brother and I inherited a duplex from our aunt in 2022, and like many others here, we made the mistake of having only one person (me) report all the rental income even though we're both on the deed as 50/50 owners. After reading through this entire thread, I'm struck by how consistent and practical the advice has been. The key insight that co-owned rental properties are automatically treated as partnerships by the IRS was completely new to me - I had no idea this was the default position regardless of formal business entity formation. What convinced me to finally take action was seeing multiple people share their successful experiences with voluntary corrections. The IRS genuinely seems to be reasonable when you can demonstrate that the total income was being reported, just incorrectly allocated among the actual owners. For anyone still hesitating about making these corrections, I'd encourage you to act sooner rather than later. We just completed our amendment process last month, and while it required some paperwork and professional help, the outcome was much better than I feared. The key was following the advice shared here: getting an EIN for the partnership, filing Form 1065 with proper K-1 allocations, and coordinating all the amended personal returns simultaneously. One practical tip I'd add: make sure to organize all your property expense records by tax year before meeting with your CPA. Since you mentioned keeping everything in a shared account, you'll need to sort through several years of transactions. Having this organized upfront will save you both time and professional fees. The peace of mind from having everything properly structured going forward has been worth the effort. Don't let fear of the unknown keep you from getting compliant - the path forward is clearer than it initially seems!
Welcome to the community, CaptainAwesome! Your successful experience with the amendment process is really encouraging to hear. As someone just starting to navigate this same situation with my siblings, I'm curious about a couple of practical details from your recent completion of the process. When you mention organizing expense records by tax year - did you find that the IRS required extensive documentation for every expense claimed on the partnership returns, or were they mainly focused on the income allocation corrections? I'm asking because we have four years of mixed expenses in our shared account, and I want to know how detailed I need to get with the documentation. Also, you mentioned the peace of mind from having everything properly structured going forward. Now that you're filing as a partnership, have you found the ongoing compliance (annual Form 1065 filings, K-1 distributions, etc.) to be manageable, or does it require ongoing professional help each year? Your point about acting sooner rather than later really resonates. Reading through everyone's experiences here has convinced me that voluntary correction is definitely the way to go, and your recent success story gives me confidence that the process is more straightforward than I initially feared. Thanks for sharing your real-world outcome!
As a newcomer to this community, I want to thank everyone for this incredibly comprehensive discussion! I'm in virtually the same situation - my sister and I inherited a rental townhouse from our grandmother in 2023, and I've been reporting 100% of the rental income on my returns even though we're both equal owners on the deed. This thread has been a goldmine of practical advice and real experiences. The most important revelation for me was learning that co-owned rental properties are automatically considered partnerships by the IRS, regardless of whether you establish a formal business entity. I had no idea this was the default treatment! What gives me confidence to move forward is hearing from so many people who successfully completed voluntary corrections with reasonable outcomes. The consistent advice about filing Form 1065 partnership returns with Schedule K-1s, getting an EIN, and coordinating amended personal returns simultaneously really provides a clear roadmap. I'm particularly grateful for the insights about penalty relief - knowing that the IRS often treats voluntary corrections favorably when you can demonstrate the total income was being reported (just incorrectly allocated) is exactly what I needed to hear to stop procrastinating on this. One question I haven't seen fully addressed: For inherited properties, do we need any special documentation beyond the deed and estate paperwork when filing the partnership returns? I want to make sure I have everything the IRS might want to see regarding our basis in the property and the inheritance timeline. Thanks again to everyone who shared their real-world experiences - this community has given me the knowledge and confidence to finally get our tax situation properly resolved!
Random question - has anyone tried filing as Married Filing Separately to get around the education credit income limits? My wife and I are in a similar situation and wondering if that would help.
I went through this exact same situation two years ago! The marriage penalty on education credits is so frustrating, especially when no one warns you about it beforehand. Since you're at $84,000 AGI, you should still qualify for a partial American Opportunity Credit - it doesn't completely phase out until $180,000 for married filing jointly. Make sure you're calculating this correctly in TurboTax because even a partial credit is better than nothing. A few things that helped me maximize what we could get back: 1. Max out any pre-tax retirement contributions (401k, traditional IRA) to lower your AGI 2. If either of you is eligible for an HSA, that also reduces AGI 3. Double-check that you're including ALL qualified expenses - required textbooks, lab fees, technology fees required by the school Also, don't overlook the Lifetime Learning Credit as a backup. While it's generally less generous than AOTC, it might work better for your specific situation depending on how your expenses break down. The income limits are really poorly designed for married couples, but there are still ways to work within the system to get some benefit!
Nina Fitzgerald
One thing I haven't seen mentioned yet is that you should also check directly with your financial institutions. Most banks, brokers, and crypto exchanges have a "Tax Center" or "Tax Documents" section in their online portals where you can download copies of all the forms they've issued under your SSN for the past few years. This is actually faster than waiting for IRS transcripts and can help you cross-reference what you have versus what was actually filed. I do this every January - log into each account and grab all the tax docs. Sometimes you'll find forms that were issued but never mailed to you due to address changes. For crypto specifically, don't forget about smaller exchanges or DeFi platforms. Many people overlook staking rewards, airdrops, or interest from lending platforms, which can all generate taxable events even if no formal 1099 was issued. The IRS transcript might not show these, but you're still responsible for reporting them.
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Caleb Stone
ā¢This is really helpful advice! I never thought to check directly with the platforms themselves. Quick question though - do all crypto exchanges actually keep historical tax documents available for download? I used a few smaller ones that I'm not even sure are still operating. Also, for the DeFi stuff you mentioned, how are you supposed to track airdrops or staking rewards that might have happened automatically? Is there some kind of blockchain tool that can help identify all the taxable events tied to your wallet addresses?
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Sophia Long
ā¢Great question about crypto exchanges! Unfortunately, smaller exchanges are pretty inconsistent about keeping historical documents available. Some only keep them for the current year plus 2-3 prior years. If an exchange shut down or got acquired, those documents might be completely gone. For tracking DeFi activities, there are several blockchain analysis tools that can help. Koinly, CoinTracker, and TaxBit can connect to your wallet addresses and automatically identify most taxable events including staking rewards, airdrops, and DeFi transactions. They'll generate reports showing everything that happened on-chain. The tricky part is that you need to input all your wallet addresses, including any you might have forgotten about. I keep a spreadsheet of every crypto wallet I've ever created - even ones I only used once. Also remember that moving crypto between your own wallets isn't taxable, but the tools will flag it anyway, so you'll need to mark those as transfers. One tip: if you used MetaMask or other browser wallets, check your browser history for DeFi sites you might have connected to. That can help jog your memory about platforms where you might have earned rewards.
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Christopher Morgan
One more tip that saved me a ton of headaches - set up email alerts or calendar reminders for next year so you don't end up in this scramble again! Most financial platforms let you set your tax document delivery preference to email instead of mail, which makes them much harder to lose. I created a dedicated Gmail folder called "Tax Docs" and set up filters to automatically sort anything with "1099" or "tax" in the subject line. Also made a simple spreadsheet at the beginning of 2024 listing every single account I have (banks, brokers, crypto exchanges, even Venmo and PayPal) with checkboxes for when I receive their tax forms. For the current situation though, definitely start with that IRS Wage and Income Transcript - it's free and will show you most of what's been reported. Just be aware that some smaller platforms or recent transactions might not show up there yet, so combine it with manually checking each platform's tax center like Nina suggested.
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Elijah Knight
ā¢This is exactly the kind of proactive approach I wish I had taken earlier! The email filtering idea is brilliant - I'm definitely setting that up right now. Quick question though: do you know if there's a standard timeframe when most of these tax documents get sent out? I feel like they trickle in at different times and I never know when I've actually received everything I'm supposed to get. Also, for the spreadsheet idea - do you include estimated thresholds? Like I know some platforms only send 1099s if you hit certain dollar amounts, but I'm never sure what those thresholds are for each type of form. Would be helpful to know if I should expect a document or not based on my activity level.
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