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Ask the community...

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NeonNomad

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I found myself in this exact situation last year with my partnership. We dissolved in May 2023, and I was confused about whether to use 2022 or 2023 forms. I ended up filing the extension with Form 7004 and waiting for the 2023 forms to be released. It was annoying to have that hanging over my head for months, but in the end, it was the cleanest approach. The final return was accepted without issues once I filed it in January using the correct year forms. One tip I'd add - make sure you file final Schedule K-1s for each partner and clearly mark them as FINAL. Also remember to file any required state dissolution paperwork, which is separate from your tax obligations.

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Did you have to do anything special with your bank accounts or other financial matters while waiting for the forms to become available? I'm in a similar situation and wondering how to handle the waiting period.

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Ellie Kim

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I went through this exact scenario with my LLC partnership that dissolved in August 2024. After calling the IRS and speaking with a tax professional, here's what I learned: You absolutely need to use the 2024 forms for your 2024 dissolution - using 2023 forms could create processing issues and potential penalties. The IRS considers this a 2024 tax year event regardless of when it occurred during the year. Here's my recommended timeline: 1. File Form 7004 by March 15, 2025 (the original due date) to get an automatic extension until September 15, 2025 2. Wait for the 2024 Form 1065 to be released (usually late December 2024 or January 2025) 3. File your final return using the 2024 forms During the waiting period, keep all your records organized and consider preparing a draft return using the 2023 forms just to identify any issues early. When the 2024 forms come out, you can quickly transfer everything over. Also don't forget - you'll need to distribute final Schedule K-1s to all partners and handle any state-level dissolution requirements separately. The wait is frustrating but it's worth doing it right the first time!

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Sarah Jones

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This is really helpful, thank you! I'm actually in a very similar situation - my LLC dissolved in July 2024 and I was getting conflicting advice about the forms. Your timeline makes perfect sense and gives me a clear path forward. One quick question - when you say "prepare a draft return using the 2023 forms," do you mean actually filling out the forms or just organizing the information? I want to be ready to file quickly once the 2024 forms are available, but I don't want to accidentally submit anything using the wrong year's forms. Also, did you run into any issues with your bank keeping the business account open during the waiting period, or were you able to close everything right after dissolution?

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Ravi Malhotra

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I think everyone's overcomplicating this. Just file your return on time and pay what you can. Then the IRS will send you a bill for the rest plus penalties. Or set up a payment plan online, it takes like 10 minutes. The penalties aren't that bad if you pay within a couple months. I was late last year and the total penalty+interest was like $35 on a $1200 balance that I paid 6 weeks late. The IRS saves the scary stuff for people who ignore them completely.

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That seems way too low for penalties and interest. Are you sure it was only $35 for being 6 weeks late on $1200? Everything I've read suggests it would be more.

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Based on my experience helping clients through similar situations, here's what you should prioritize: First, absolutely file your return on time even if you can't pay - this alone will save you significant penalties. The failure-to-file penalty is 5% per month vs. 0.5% for failure-to-pay. For your $1,600 balance, if you're 30-45 days late, you're looking at roughly $24-40 in failure-to-pay penalties plus daily interest (currently around 8% annually). Not fun, but manageable. I'd recommend setting up an online payment plan immediately at IRS.gov - it reduces your failure-to-pay penalty to 0.25% per month and prevents collection actions. The setup fee is usually around $31-149 depending on the plan type, but it gives you peace of mind and keeps you compliant. Also worth noting: if this is your first penalty in 3 years, you may qualify for First Time Penalty Abatement after you pay everything off, which could eliminate the penalties entirely (though not the interest). Don't panic - the IRS would much rather work with you than chase you down. Just communicate and don't ignore any notices you receive.

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Great question about the timing implications! If an athlete incorporates late in 2025 but waits until 2026 to make the S-corp election, yes, the corporation would be taxed as a C-corp for that partial 2025 period. However, for a single-member entity with relatively straightforward income, this usually isn't a major issue as long as you don't leave profits sitting in the corporation at year-end. The key is to zero out the corporate income through reasonable compensation payments before December 31st. Any remaining profits would be subject to corporate tax rates, but for most NIL situations where the athlete is actively involved in earning the income, paying it all out as salary is typically reasonable and avoids the double taxation issue. Regarding timing the incorporation around income patterns - this can definitely be strategic! If most NIL deals pay out during football/basketball season, incorporating right before that heavy period maximizes the time operating under the more favorable structure. Just remember that you still need to maintain that "reasonable compensation" throughout the year, so don't try to bunch all the salary payments into one quarter just to time the incorporation. One additional consideration: some NIL deals are structured as annual contracts with monthly payments. If that's the case for your roommate, the timing matters less since the income flow is more consistent throughout the year.

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RaΓΊl Mora

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This is really excellent strategic advice about managing the C-corp period! The point about zeroing out corporate income through reasonable compensation payments is crucial - I hadn't considered that you could essentially eliminate the double taxation issue by paying everything out as salary during that partial C-corp year. Your insight about timing incorporation with income patterns makes a lot of sense too. For athletes in seasonal sports, aligning the incorporation with their peak earning periods could maximize the benefits right from the start. The consistent monthly payment structure you mentioned is probably becoming more common as NIL deals mature and sponsors want more predictable content delivery. One follow-up question - when you're paying out all profits as salary during that partial C-corp year, do you still need to worry about the "reasonable compensation" limits, or does the fact that it's a C-corp change how the IRS evaluates those salary amounts? I'm wondering if there's more flexibility during that transition period since C-corps don't have the same salary/distribution dynamics as S-corps. Also, for athletes who might have both regular NIL deals and one-off appearance fees, would you recommend treating those different income types differently during the incorporation planning phase? @be1331d5dda7 Thanks for this detailed explanation of the transition mechanics - this level of strategic detail is exactly what athletes need to understand before making these decisions!

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Anna Stewart

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This has been such an informative discussion! As someone who works in sports law and deals with NIL compliance regularly, I wanted to add a few practical points that might help your roommate navigate this decision. First, regarding the reasonable compensation question - the IRS has been pretty consistent that for personal brand businesses (which NIL deals essentially are), they look at the total value created, not just hours worked. A 50-60% salary split is generally defensible for athletes at his income level, especially if you document the specialized skills, market value, and unique position that creates the earning opportunity. Second, definitely get the compliance office involved early. I've seen athletes run into issues when they change their business structure without proper notification. Most schools are actually pretty supportive of tax-efficient structures as long as they're kept in the loop and all reporting requirements are met. Finally, consider the long-term picture. If he has any aspirations of going pro, the S-corp structure is actually a good foundation that can evolve with more sophisticated planning later. It's much easier to build on a solid S-corp foundation than to unwind problematic structures down the road. The administrative burden is real, but at close to six figures in NIL income, the self-employment tax savings should easily justify the additional complexity and professional fees. Just make sure to budget for proper accounting and payroll services from day one!

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Nia Thompson

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As someone who's done several 1031 exchanges over the years, I can confirm that paying off your mortgage before the exchange is absolutely fine and actually quite common. You're right to verify this - the rules can be confusing! The main thing to understand is that mortgage relief (when debt transfers to the buyer) is considered "boot" in a 1031 exchange, which can trigger taxable income. By paying off the mortgage with your inheritance money before closing, you eliminate this issue completely. A few practical tips from my experience: - Get your payoff quote early and make sure it's good through your closing date - Wire the payoff funds rather than using a check to ensure faster processing - Notify your title company and qualified intermediary about the payoff so they can prepare clean closing documents - Keep detailed records showing the mortgage payoff came from separate funds (your inheritance) and not from exchange proceeds With a $425k property and $112k mortgage, you'll have substantial proceeds to reinvest. Just remember you'll need to purchase replacement property worth at least your net proceeds (after selling costs) to fully defer capital gains. Your real estate agent is correct - this is a perfectly legitimate strategy that many investors use to simplify their exchanges. The inheritance timing couldn't be better for this situation!

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Amun-Ra Azra

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This is exactly the kind of detailed, practical advice I was hoping to find! I'm actually in a very similar situation - inherited some money last year and have been wondering about the best way to handle my upcoming 1031 exchange. Your point about wiring the payoff funds instead of using a check is something I hadn't even thought about but makes total sense for timing. One quick question - when you mention keeping detailed records showing the payoff came from separate funds, what specific documentation did you maintain? I want to make sure I have everything properly organized in case the IRS ever has questions about the source of those funds versus the exchange proceeds. Also, did you find any particular challenges when working with title companies on this? I'm worried they might not be familiar with this approach and could create complications at closing.

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Yuki Watanabe

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Great question about documentation! For my records, I kept copies of the inheritance documentation (will, probate court orders, bank statements showing the inherited funds in a separate account), the mortgage payoff statement, wire transfer receipts showing payment from the inheritance account, and the mortgage satisfaction document. I also created a simple one-page summary explaining the source of payoff funds with dates and amounts - basically a paper trail showing the inheritance money never mixed with exchange proceeds. Regarding title companies, I actually had great experiences once I explained the situation upfront. Most experienced title companies have handled this before. The key is giving them advance notice so they can prepare the closing documents correctly and know to expect a clear title. I'd recommend calling them a week or two before closing to walk through the process. If your title company seems unfamiliar with this scenario, that might be a red flag to consider switching to one with more 1031 exchange experience. One more tip - make sure your qualified intermediary is also aware of the mortgage payoff timing so they can structure their paperwork accordingly. Having everyone on the same page prevents last-minute surprises at closing.

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Mei Wong

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This is exactly the kind of situation where having the inheritance money works in your favor! I just completed a similar exchange last month where I paid off my mortgage about 3 weeks before closing. One thing I learned that might help you - when you call for your payoff quote, ask specifically about any "per diem" interest that might accrue between payment and your closing date. Some servicers will add daily interest even after you've paid off the principal balance, and you want to make sure this is handled cleanly. Also, since you're doing this with inheritance funds, make sure you have a clear paper trail showing those funds were never commingled with any exchange proceeds. I kept my inheritance in a completely separate account and used that account exclusively for the mortgage payoff. This makes the documentation super clean if the IRS ever has questions. The $112K debt elimination actually gives you more flexibility in choosing your replacement property since you won't need to worry about matching mortgage amounts. Just remember that to fully defer capital gains, you'll need to reinvest all your net proceeds (probably around $400K after selling costs) into the replacement property. Good luck!

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Emma Taylor

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This is really great advice about the per diem interest! I hadn't thought about that potential complication. Quick question - when you kept your inheritance funds separate, did you open a completely new account just for this purpose, or did you use an existing account that had never held any property-related funds? I'm trying to figure out the cleanest way to maintain that separation you mentioned. Also, I'm curious about your experience with the 45-day identification period. Did paying off the mortgage early give you any advantages in terms of the types of replacement properties you could consider, or was it mainly just a documentation benefit?

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Melissa Lin

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I'm going through something very similar right now with my nephew who I've had custody of for two years. His mom claimed him even though she hasn't seen him since last spring. One thing I learned is that you should also keep detailed records of things like school enrollment forms, medical appointments, and even grocery receipts that show you're buying food for the child. The IRS wants to see proof that the child actually lived with you and that you provided more than half their support. Also, if you have any documentation from social services or the court system about the foster placement, make sure to include copies of those with your paper return. The clearer you can make it that you're the legal caregiver, the stronger your case will be when they investigate the duplicate claim. Don't let the bio parents intimidate you out of claiming what you're legally entitled to. You're doing the right thing by fighting this!

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QuantumQuasar

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Thank you so much for sharing your experience! This is exactly the kind of detailed advice I needed. I've been keeping most of the receipts and documentation, but I hadn't thought about things like grocery receipts showing I'm buying food for him. That's really smart. I do have all the court documents and social services paperwork from when he was placed with me, so I'll definitely include copies of those. It's reassuring to hear from someone in a similar situation who's fighting for what's right. The whole thing has been so stressful, but you're absolutely right - I shouldn't let his bio parents cheat the system and take benefits they're not entitled to. Did you end up having to go through the full investigation process, or did the IRS resolve it quickly once they saw your documentation?

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Axel Far

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I'm dealing with this exact situation right now as a new foster parent, and I want to thank everyone for sharing their experiences. It's been overwhelming trying to figure out the right steps to take. Based on what I'm reading here, it sounds like the key is having really solid documentation and not backing down from what you're legally entitled to. I've been keeping detailed records from day one, but some of the suggestions here (like grocery receipts and neighbor statements) are things I hadn't considered. For anyone else going through this - it seems like the common thread is that the IRS will eventually side with whoever has the proper legal documentation and can prove they actually provided care and support for the child. The biological parents might try to claim them fraudulently, but if you have your foster care paperwork, school records, medical records, and proof of expenses, you should be in good shape. I'm planning to use both the taxr.ai service someone mentioned to help organize my documentation and the Claimyr service to actually speak with an IRS agent directly. Sometimes you need all the help you can get when dealing with government bureaucracy! Stay strong and don't let people take advantage of the system at your expense. These kids deserve to have their benefits go to the people who are actually caring for them.

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Ethan Wilson

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This is such great advice, and I really appreciate how supportive this community has been! I'm new to foster care myself and had no idea about all these potential tax complications when I started this journey. One thing I'd add is to make sure you're also documenting any communication you have with the biological parents about the child's living situation. If they've acknowledged in texts or emails that the child lives with you, that could be helpful evidence too. I learned this the hard way when dealing with some custody issues. It's really encouraging to see people using multiple resources like taxr.ai and Claimyr to tackle this from different angles. The whole process can feel so intimidating when you're dealing with both the IRS and family drama, but having the right tools and support makes such a difference. Thanks for emphasizing that these benefits should go to the people actually caring for the kids - that's what this is really about at the end of the day!

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