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Sean O'Brien

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Your CPA is partially right but didn't give you the whole picture. Look into "special allocations" in partnerships. Section 704(b) of the tax code allows partnerships to allocate tax items differently than ownership percentages IF the allocation has "substantial economic effect." Maybe consider amending your operating agreement to formally recognize your sweat equity as equivalent to your partner's cash contributions? You could also adjust the agreement to get a larger share of future profits to compensate for not being able to use the losses now. And definitely get a second opinion from a different CPA! Not all accountants specialize in partnership taxation.

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Zara Shah

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Special allocations need to be clearly documented in the operating agreement BEFORE the tax year ends though, right? Can they still make this change for last year?

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Demi Hall

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This is a frustrating but common situation in service-based partnerships. Your CPA is correct about the basis limitation - you need basis to deduct losses, and sweat equity unfortunately doesn't count under IRS rules. However, I notice from the thread that you mentioned having a $15,000 business loan that you're both named on. This is key! If you're personally liable for that debt (not just as an LLC member), your 50% share ($7,500) would give you basis to claim some of your allocated losses. Here's what I'd recommend: 1. Verify if you're personally liable for that loan - check if you signed personal guarantees 2. Get a second CPA opinion, preferably someone who specializes in partnership taxation 3. Review your operating agreement to see if it addresses loss allocations and partner liabilities 4. Consider if there are other partnership debts you might be liable for The suspended losses aren't lost forever - they'll carry forward until you have sufficient basis. And if you do have basis from the loan, you could potentially claim $7,500 of your allocated losses this year. Don't just take one CPA's word on this - partnership taxation is complex and many generalist accountants don't deal with it regularly.

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FreeTaxUSA Form 3921 & Form 6251 ISO options exercise and hold calculation help

I exercised and held some ISO stock options during 2023 that have a non-zero spread on form 3921. The difference between exercise price and FMV was around $2,300. Last year (2022) I also exercised and held ISO options, but the exercise price and fair market value were identical at the time, creating a zero spread. Because of this, I didn't bother with form 6251 for my 2022 taxes. For 2025 filing season (2024 taxes), I want to determine whether I'm subject to Alternative Minimum Tax and need to file form 6251. The issue I'm having is that FreeTaxUSA doesn't seem to have a dedicated section for entering ISO exercise and hold values unlike TurboTax. When I contacted FreeTaxUSA support, they told me: "Form 6251 will generate and print with your return as needed. There is not a special screen to fill out Form 6251; we'll automatically calculate it based on the other information you enter. Currently, form 6251 has not been included with your return." I can see a Form 6251 preview in my return showing $0 AMT, but I haven't entered the ISO information anywhere yet. I cross-checked with TurboTax and their federal return value matches FreeTaxUSA, suggesting my AMT might actually be $0. I'd really prefer to stick with FreeTaxUSA since I've used them for several years and appreciate how they automatically pull in previous year information. Questions: 1- Can I somehow calculate form 6251 on my own but still use FreeTaxUSA for filing my complete federal and state returns? If yes, how would I do that? 2- If my AMT calculation shows $0, do I still need to file form 6251, or is it sufficient to just maintain records of the ISO basis for all options purchased in 2022 and 2023?

Norah Quay

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Is your FreeTaxUSA account set up correctly for your financial situation? I initially had the same issue where it wasn't prompting me for ISO information, but then realized I needed to indicate I had stock option income in the initial questionnaire. When I went back and changed that setting, it opened up additional inputs. Try going back to the beginning questionnaire in FreeTaxUSA and look for anything related to stock options, employee stock purchase plans, or investment income. Sometimes checking those boxes will reveal additional input screens.

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Leo McDonald

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This actually worked for me! I had a similar issue and missed the checkbox during the initial setup. When I went back and indicated I had "Employee Stock Options" in the life events section, FreeTaxUSA added some additional screens. They weren't labeled specifically for ISOs, but there was a section for "Additional Income and Adjustments" that let me enter the ISO spread amount.

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StarStrider

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I've dealt with this exact scenario multiple times as a tax preparer. Here's what you need to know about FreeTaxUSA and ISO reporting: For your $2,300 spread, you're likely correct that your AMT will be $0 due to the exemption amounts for 2024 ($85,700 for single filers, $133,300 for married filing jointly). However, you still need to properly report the ISO adjustment. In FreeTaxUSA, the ISO spread should be entered under the "Federal" section → "Deductions & Credits" → "Other Taxes" → look for "Alternative Minimum Tax (AMT)" subsection. If you don't see this initially, make sure you've indicated stock option activity in the interview questions as others mentioned. The key point everyone seems to be missing: even if your current AMT is $0, you're creating an AMT credit that carries forward. This credit becomes valuable when you eventually sell the ISO shares, as it reduces your regular tax liability dollar-for-dollar up to the amount of AMT you would have paid. For record-keeping, maintain detailed records of: - Exercise date and number of shares - Exercise price per share - Fair market value on exercise date - AMT adjustment amount ($2,300 in your case) - Any AMT paid (likely $0 for you) This information is crucial for calculating your adjusted cost basis when you sell, which affects whether the sale generates ordinary income or capital gains treatment.

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Oh my goodness, I remember the EXACT feeling of waiting for my Navy Federal deposit last year! I was checking my phone every 15 minutes like it was going to change something! 😫 For what it's worth, my deposit hit my account at 12:03am on my DDD date - not a minute before. Navy Federal is super reliable for making funds available right at midnight, but they rarely show pending status for tax refunds. If you're really anxious (I totally get it!), set an alarm for midnight and check then. I bet you'll see your money! šŸ’°

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I totally understand the anticipation! I'm new to Navy Federal but have been through this waiting game with other banks. From what I'm reading here, it sounds like Navy Federal is pretty consistent about not showing pending status for tax refunds - they just make the money available right at midnight on your DDD. That's actually kind of nice because you don't have to stress about whether "pending" means it's really coming or not! I'm bookmarking this thread because I'll probably be in the same boat next year. Good luck tomorrow - sounds like you'll wake up to some good news! šŸ¤ž

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Payton Black

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Just to add to what others have said - I think the gift tax limit for 2024 is $18,000 per person. So if both your parents are gifting you money, they could each give you up to $18k (total $36k) without having to file gift tax returns. Even if they go over that amount, they just need to report it - they probably won't owe any actual tax unless they've given millions over their lifetime.

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Harold Oh

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This is super important! Make sure your parents know about this too. If each parent stayed under $18k in gifts to you for the year, there's zero paperwork for them. But if either one sent more than $18k, they need to file a gift tax form (even though they probably won't owe any tax).

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Sasha Reese

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This is such a common issue now with payment apps issuing 1099-Ks! I had a similar situation with Venmo last year. The key thing to remember is that receiving a 1099-K doesn't automatically make the money taxable income - it's just a reporting requirement for the payment processor. Since these were gifts from your parents for educational expenses, you're absolutely right that they shouldn't be taxed as income to you. Keep any text messages, emails, or other communication that shows these were intended as gifts for school. Also save records showing how you used the money (rent payments, tuition, textbook purchases, etc.). When you file your taxes, you'll need to account for the 1099-K but you can properly categorize the gift portions as non-taxable. Most tax software has gotten better at handling these PayPal/Venmo 1099-K situations since they've become so common. Don't stress too much - you're not the first person to deal with this and the IRS understands that not every payment app transaction is taxable income!

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I'm dealing with a very similar situation right now! Filed in mid-March, state payment was withdrawn immediately, but the IRS still hasn't touched my federal payment after 3+ weeks. No fraudulent documents in my case though. What's really frustrating is that my tax software shows the payment as "scheduled" but there's been zero communication from the IRS about any delays or issues. I've been checking my bank account daily expecting to see the withdrawal, but nothing. Based on what others are saying here about the identity theft angle, it sounds like your situation might be more complex than just a normal processing delay. The fraudulent 1099 from Pennsylvania could definitely be the culprit. Even though you didn't include it on your return, the IRS systems probably detected the discrepancy when cross-referencing your SSN. I'd strongly recommend following the advice about filing Form 14039 and setting up that IRS.gov account to check for any flags on your return. Better to be proactive than wait and potentially face bigger issues down the road. Keep us posted on what you find out - I'm curious if my delay is just normal backlog or if there's something else going on with my return too!

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I'm in almost the exact same boat as you! Filed on March 18th, state payment went through within 48 hours, but it's now been over 3 weeks and the IRS hasn't touched my federal payment either. No fraudulent documents in my case, just radio silence from the IRS. What's making me nervous is that this is the first year I've had this kind of delay - usually they withdraw within a week or two max. I'm starting to wonder if there's some kind of system-wide processing slowdown this year or if individual returns are getting stuck in review for other reasons. I'm definitely going to set up that IRS.gov account today to see if there are any status updates. Have you tried calling them yet, or are you waiting it out a bit longer? The idea of sitting on hold for hours isn't appealing, but I'm getting anxious about having this much money just sitting in limbo. Really hope we both get some answers soon! Please keep me posted if you find out anything useful.

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I've been following this thread with interest because I experienced something very similar last year. The combination of a delayed IRS payment and potential identity theft issues can be really stressful. Based on what you've described, I'd lean toward the fraudulent Pennsylvania 1099 being the main culprit behind your payment delay. Even though you didn't include it on your return, the IRS likely flagged your account when their systems detected that someone attempted to file using your SSN in another state. Here's what I'd recommend doing immediately: 1) Set up that IRS.gov account to check your transcript and account status 2) File Form 14039 (Identity Theft Affidavit) as others have mentioned 3) Keep detailed records of everything - the fraudulent 1099, your police report, correspondence with Pennsylvania's fraud department 4) Consider placing a credit freeze with all three bureaus as an extra precaution The good news is that since you filed on time and have confirmation of your payment authorization, you won't face any penalties even if the withdrawal is significantly delayed. The IRS is required to honor the original payment date you scheduled. That said, don't just wait indefinitely. If it's been more than 4-5 weeks total, I'd definitely try to get through to them by phone. The identity theft situation needs to be resolved properly to prevent future filing complications.

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Great questions! The IRS systems can flag accounts for several reasons related to identity theft. In this case, it could be triggered by the fraudulent 1099 itself being issued with your SSN, even if no one actually filed a return with it. The IRS cross-references all tax documents (W-2s, 1099s, etc.) with filed returns, so when they see a 1099 issued to your SSN that doesn't appear on your return, it can trigger a review. To check if someone has attempted to file using your SSN, you can request your "wage and income transcript" through your IRS.gov account. This will show all tax documents reported to the IRS under your SSN. You can also order Form 4506-T to get transcripts of any returns filed under your SSN. Another red flag to watch for: if you try to e-file and get rejected because a return has already been filed with your SSN, that's a clear sign someone beat you to it. The fact that your return was accepted suggests no one filed before you, but the fraudulent 1099 alone could still cause processing delays. I'd also recommend checking the IRS Identity Protection PIN program - if you're a victim of tax-related identity theft, they may issue you a special PIN for future filings.

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Khalid Howes

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Great question! The IRS systems are designed to cross-reference SSNs across all tax documents, so even just the issuance of a fraudulent 1099 can trigger alerts - they don't necessarily need to see an actual fraudulent return filed. When a 1099 is issued with your SSN from a state where you've never filed taxes or lived, their fraud detection algorithms flag it as suspicious. This is especially true for unemployment benefits (1099-G) since those are tied to specific state employment records. To check if someone has attempted to file using your SSN, your best bet is that IRS.gov account - look for any returns or transcripts you didn't file. You can also request a complete account transcript by calling the IRS or mailing Form 4506-T. The transcript will show all tax documents associated with your SSN, including any fraudulent filings. Additionally, check your Social Security statement at ssa.gov for any earnings you didn't report - fraudulent employment often shows up there first. Many identity thieves use stolen SSNs for employment before moving to tax fraud. Given the Pennsylvania unemployment angle, I'd also recommend checking with Pennsylvania's unemployment office directly to see if someone filed a fraudulent claim in your name. This often happens in organized identity theft rings.

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