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This is such a helpful thread! I'm dealing with a similar situation but with mutual fund shares that I've been holding for about 8 years. Over that time, I've received several nondividend distributions that I honestly just ignored because I didn't understand what they were. Now that I'm planning to sell some of these shares, I'm realizing I need to go back and figure out all those distributions to calculate my adjusted cost basis correctly. Does anyone know if there's a statute of limitations on how far back I need to track these adjustments? And if I can't find records of some of the older distributions, is there a way to request that information from the fund company? I'm kicking myself for not keeping better records earlier, but better late than never I guess!
You'll need to track all the nondividend distributions from when you first purchased the shares - there's no statute of limitations on basis adjustments since they affect your capital gains calculation. The good news is that most fund companies are required to keep these records and will provide them to you. Contact your fund company's shareholder services department and request a complete distribution history for your account. They can usually provide a detailed breakdown of all distributions by type (dividends, capital gains, return of capital/nondividend distributions) going back to your purchase date. Some companies even have this information available online in their investor portals. If you've switched brokers over the years, you might need to contact previous brokers too, as they would have the 1099-DIV forms that show the nondividend distributions. The IRS also keeps copies of 1099s, so as a last resort you could request transcripts of your tax records from them, though that takes longer. Don't stress too much about the past - you're doing the right thing by getting this sorted out now before you sell!
This thread has been incredibly helpful! I just want to add one more tip that saved me a lot of headache - if you have multiple lots of the same stock purchased at different times, make sure you're applying the nondividend distributions correctly to each lot. The distributions typically reduce the basis of all shares you owned at the time of the distribution, not just specific lots. So if you bought 100 shares in January and another 100 shares in March, then received a nondividend distribution in June, that distribution would reduce the basis of all 200 shares proportionally. This becomes really important when you're selling only some of your shares and need to specify which lots you're selling (for tax loss harvesting or other strategies). I made the mistake of only reducing the basis on the shares I was selling, which would have been incorrect. Your broker's 1099-B won't show these per-lot adjustments, so you need to track it yourself. The IRS Publication 551 has some examples of this if you want to see the math worked out. It's a bit tedious but getting it right is worth it!
This is exactly the kind of detail I was hoping to find! The per-lot basis adjustment makes total sense but I never would have thought of it. I have a similar situation where I've been dollar-cost averaging into the same stock over several years and received nondividend distributions along the way. Do you happen to know if there's a standard way to calculate the proportional reduction? Like if I have 3 different lots with different original basis amounts, do I reduce each lot by the same dollar amount of the distribution, or do I reduce each lot by the same percentage? I want to make sure I'm doing the math correctly when I eventually sell specific lots. Thanks for mentioning Publication 551 - I'll definitely check out those examples!
One thing nobody's mentioning - many banks won't let you open a business account for an out-of-state LLC without proof of foreign qualification in your home state. I tried to do exactly what ur suggesting last year & Bank of America, Chase & even my local credit union all asked for my Statement of Foreign Qualification when I tried opening the account. Had to go back & register in my home state anyway lol
I had the same problem with Wells Fargo! They wanted to see both my Wyoming formation docs AND my home state registration. Ended up costing me more in the long run.
I went through this exact same dilemma when I started my consulting business last year. After doing extensive research and talking to a business attorney, I can tell you that trying to "fly under the radar" with an out-of-state LLC is definitely not worth the risk. Here's what I learned: California has some of the most aggressive enforcement when it comes to tracking down businesses operating within their borders. They have automated systems that cross-reference federal tax filings with state business registrations, and they actively pursue businesses trying to avoid registration requirements. The penalties can be severe - not just back fees, but also interest, penalties, and potential loss of your liability protection. Even worse, if you're ever involved in a legal dispute, opposing counsel could argue that your LLC isn't properly registered and therefore your personal assets aren't protected. I ended up registering in my home state and it wasn't nearly as complicated or expensive as I initially thought. The peace of mind knowing everything is above board is worth the extra cost. Don't risk your business and personal assets to save a few hundred dollars in fees.
This is really helpful advice, thank you! Can you share more details about what the attorney told you regarding California's automated systems? I'm curious how quickly they typically catch these situations and what the timeline looks like for penalties. Also, did your attorney mention if there are any specific thresholds (like revenue amounts) that trigger more scrutiny, or do they go after businesses of all sizes equally?
@TillyCombatwarrior Great insights! As someone who works in state revenue enforcement (though not in California), I can confirm that most states are getting much more sophisticated with their cross-referencing systems. The attorney was right about the automated matching - states typically flag discrepancies between federal tax addresses and business registrations within 12-18 months of filing. Regarding thresholds, there isn't usually a specific revenue amount that triggers investigation, but higher-revenue businesses do get prioritized for enforcement action since the potential penalties and back taxes are larger. However, even small businesses get caught in the net eventually - it's just a matter of when their information gets processed through the system. The timeline for penalties varies by state, but most start accruing from the date you should have registered (typically when you first conducted business in the state), not when you get caught. So the longer you wait, the more expensive it becomes.
I'm also in PA and filed electronically on February 28th - still waiting on my state refund too. This is really frustrating because I need that money for some upcoming expenses. What's weird is that I filed almost the exact same return last year (same job, similar income) and got my PA refund in about 2 weeks. Now it's been over 3 weeks with no movement on the "Where's My Refund" tool. I've tried calling the PA Department of Revenue but like others mentioned, I just get stuck on hold forever. Starting to think there really is something different about their processing this year. Has anyone had any luck getting through to them recently, or found any other ways to get actual information about what's causing these delays?
I'm in the same exact situation! Filed electronically on March 2nd and it's been radio silence from PA ever since. What's really getting to me is that my federal refund showed up in my account within 8 days, so clearly the IRS can process returns efficiently. Meanwhile PA's system feels like it's stuck in 2010. I tried the mypath.pa.gov portal that someone mentioned earlier but it's just as unhelpful as the "Where's My Refund" tool - both just say "processing" with zero useful details. At this point I'm wondering if I should just assume it'll take the full 6-8 weeks they claim and stop checking daily. The uncertainty is almost worse than just knowing it'll be delayed. Has anyone noticed if there's a pattern to which returns are getting processed faster, or does it seem completely random?
I'm also in PA and experiencing the same delays - filed electronically on February 12th and still waiting. What's really concerning is that I've noticed PA's processing seems inconsistent even among people who filed around the same time. My coworker filed a week after me with a similar W-2 return and got her refund last Friday, while I'm still stuck in "processing" limbo. I've been doing some research and it seems like PA did implement stricter identity verification procedures this year after some fraud issues in 2023 that cost them millions. They're now requiring additional verification for returns that meet certain criteria - things like address changes, first-time filers, or even certain income thresholds. The frustrating part is they don't tell you if your return is in this additional review queue. I finally got through to someone using a callback service (similar to what others mentioned) and learned my return was flagged simply because I moved apartments last year. They said it could take another 2-3 weeks for the verification to complete. Might be worth checking if any of you had similar life changes that could trigger their new screening process.
This is exactly the kind of detailed information I was looking for! The fact that something as simple as an address change can trigger additional verification explains so much. I also moved last year (different city within PA) and I'm wondering if that's why my return is stuck. It's frustrating that they don't communicate these triggers upfront - if I had known a move would cause delays, I would have planned accordingly. Which callback service did you use to actually get through to someone? I've wasted so many hours trying to call directly. Also, did they give you any way to track the verification process, or is it just another waiting game? Thanks for sharing this insight - it's the most helpful explanation I've seen for what's actually happening behind the scenes.
Has anyone used the attribution rules to their advantage with family members? I'm thinking about giving my spouse ownership in one of my LLCs to potentially optimize our retirement contributions, but I'm not sure if that would trigger control group issues.
Be really careful with that approach. Under family attribution rules in IRC Section 318, you're generally considered to own what your spouse owns for control group purposes. I tried something similar last year and ended up having to make corrective distributions from my Solo 401k which was a huge headache.
I've been following this discussion closely as someone who recently went through a similar multi-LLC Solo 401k setup. One thing I'd add is the importance of maintaining separate books and records for each entity, even if they end up not being a control group. The IRS will scrutinize whether your businesses are truly separate operations during an audit. Also, make sure you're tracking compensation from each entity separately. Even if the businesses aren't a control group, you can only contribute to a Solo 401k based on the earned income from that specific business. I made the mistake of trying to use combined income across entities and had to correct it later. The documentation from services like taxr.ai that others mentioned becomes really valuable here because it shows you considered all the rules properly. I keep mine with my tax records as backup documentation.
This is really helpful advice about keeping separate books and records! I'm just starting to set up my second LLC and hadn't thought about the audit implications of proper documentation. When you mention tracking compensation separately, does that include things like guaranteed payments from the partnership LLC versus distributions from the sole proprietorship LLC? I want to make sure I'm categorizing everything correctly for Solo 401k contribution calculations.
Zoe Papanikolaou
Another option to consider: many credit unions and community organizations offer free or low-cost tax preparation services through IRS-certified volunteers. I used my local credit union last year for a return with W2 and some 1099 income, and they did a great job. Might be worth checking if there's something like this in your area?
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Jamal Wilson
ā¢Those free services usually have income limits though, right? I tried to use one and they turned me away because I made "too much" even though I definitely don't feel rich.
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Zoe Papanikolaou
ā¢You're right that many do have income limits - typically the VITA program caps at around $60,000 for households. However, AARP's Tax-Aide program often has higher or no income limits, especially for older taxpayers. Some credit unions offer their members tax preparation regardless of income, though these aren't part of the IRS volunteer programs. It's definitely worth calling around to find out what's available in your area and what their specific requirements are.
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Mei Lin
For what it's worth, I paid $650 for tax prep last year with a similar situation (self-employment, W2, and investment income). That was with a local CPA, not a chain. The way I look at it - yes it's expensive, but the peace of mind knowing it's done right and I'm not leaving money on the table is worth it to me.
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Liam Fitzgerald
ā¢You can get the same peace of mind for WAY less with good tax software. CPAs are overcharging because people are afraid of doing taxes themselves.
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