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One practical thing to consider - are you planning to continue the business with Tony's heirs? If they inherited his 50% interest, you should review your operating agreement ASAP. Many partnership agreements have buy/sell provisions that trigger upon death. This could impact whether you even need to worry about the step-up basis if you're required to buy out their interest at the agreed value.
This is great advice. Our partnership had this exact issue and we were so focused on the tax aspects that we almost missed the buy-sell agreement that required the purchase of the deceased partner's interest within 90 days. Would have created a complete mess if we had filed for the step-up and then did the buyout!
I'm sorry for your loss, Chris. This is a complex situation that requires careful planning beyond just the tax implications. One important point that hasn't been mentioned yet - you'll want to determine Tony's basis in his partnership interest at the time of death. His heirs will receive a stepped-up basis in their inherited partnership interest equal to the fair market value of that interest ($340,000 based on the 50% share of the $680,000 property value). However, this is separate from the partnership's election under Section 754. The stepped-up basis for the heirs applies to their partnership interest, while the Section 754 election creates a special basis adjustment for the partnership's assets. Also, consider the timing carefully. You have until the due date of the partnership return (including extensions) for the year of Tony's death to make the Section 754 election. But as others mentioned, check your operating agreement first - there may be mandatory buyout provisions that could change your entire approach. Given the complexity and the significant dollar amounts involved, I'd strongly recommend consulting with a tax professional who specializes in partnership taxation before making any elections or decisions.
This is exactly the kind of comprehensive guidance I was looking for! Thank you for breaking down the difference between the stepped-up basis for Tony's heirs (their partnership interest) versus the Section 754 election (partnership assets). I hadn't realized these were two separate but related concepts. So if I understand correctly, Tony's heirs automatically get a stepped-up basis of $340,000 for their inherited partnership interest, but the Section 754 election is something we choose to make that affects how gains/losses are allocated when partnership assets are sold? I'm definitely going to review our operating agreement first thing tomorrow. We drafted it years ago and honestly I can't remember what it says about death/buyout provisions. Hopefully we don't have any surprise requirements that would complicate this further. Do you happen to know if there are any downsides to making the Section 754 election? It seems like it would generally be beneficial, but I want to make sure I'm not missing any potential negative consequences before we commit to it.
Don't forget to check if the K-1s have any Section 199A(g) deductions as well, which is different from the regular QBI deduction. Some agricultural or horticultural partnerships include this, though it's less common with trading partnerships.
Good point, though Section 199A(g) deductions are specifically for specified agricultural or horticultural cooperatives, not trading partnerships. The OP mentioned these are trading partnerships, so they wouldn't have the 199A(g) deduction. It's important not to confuse the two types of deductions when reviewing K-1s. Trading partnerships would only have the regular QBI deduction information if they qualify.
I just went through this exact situation with my brother's estate - he was also heavily into day trading through partnerships. After reading through all these responses, I want to add that you should also check if FreeTaxUSA is properly handling the QBI limitations for estates. Estates have different QBI rules than individual returns. The QBI deduction for estates is limited to the lesser of 20% of the qualified business income OR 20% of the estate's taxable income above the deduction for distributions to beneficiaries. This calculation can be tricky when you have multiple K-1s. Also, since your uncle passed in October, you're dealing with a short tax year which could affect how the QBI deduction is calculated. The software might not automatically adjust for this, so you may want to double-check the calculations manually or consult a tax professional who specializes in estate returns with partnership interests.
This is really helpful information about estates and QBI that I hadn't considered! I'm using FreeTaxUSA and you're right - it doesn't seem to automatically handle the estate-specific QBI limitations. The software just treats it like a regular individual return when I enter the K-1 information. Do you know if there's a specific place in FreeTaxUSA where I can manually adjust for the short tax year calculation? Or would I need to calculate this separately and override the software's automatic QBI calculation? I'm getting a bit nervous about making manual adjustments since this is all new to me.
As someone who works in non-profit financial oversight, I want to add that there are actually whistleblower protections for employees who raise concerns about excessive executive compensation. The IRS has specific procedures for reporting potential "excess benefit transactions" at non-profits. If you genuinely believe your CEO's compensation violates the intermediate sanctions rules (which require compensation to be reasonable and properly approved), you can file Form 13909 to report suspected violations. The IRS takes these seriously, especially when there's a pattern of excessive compensation combined with poor employee benefits. However, I'd recommend first trying to work through your organization's governance structure - attending board meetings during public comment periods, or raising concerns through your employee representatives if you have them. Document everything and keep copies of those 990 forms. Sometimes just asking pointed questions about the compensation approval process can prompt boards to be more careful about their oversight responsibilities.
This is really helpful information about the whistleblower protections! I had no idea Form 13909 existed. Before taking that step though, do you have any advice on how to effectively raise these concerns at board meetings? I'm worried about potential retaliation even though there are supposed to be protections. Also, when you mention "document everything" - what specific types of documentation would be most important to keep beyond just the 990 forms themselves?
This is such an important discussion! I've been following non-profit governance issues for years, and what you're seeing is unfortunately common. Those massive fluctuations in "bonuses and incentives" often reflect poorly designed compensation structures that lack proper oversight. One thing I haven't seen mentioned yet is that the Form 990 also requires organizations to report whether they used a compensation consultant and whether they followed the three-part "rebuttable presumption" process. Look for Part VI, Section B on your organization's 990 - it asks specific questions about the approval process for executive compensation. If those boxes aren't checked "yes" or if the compensation committee included interested parties (like the CEO being present for their own compensation discussions), that's a red flag that proper procedures weren't followed. This information can be really valuable if you decide to raise concerns formally, because it shows whether the board followed IRS guidelines for justifying executive compensation. Also worth noting - many states have additional reporting requirements for non-profits beyond the federal 990. Your state attorney general's office might have additional resources for understanding and questioning non-profit compensation practices in your jurisdiction.
Some practical advice from someone who went through this: document EVERYTHING. Make a spreadsheet showing all expenses for the kids with dates and amounts. Gather bank statements, cancelled checks, receipts for big purchases, school records showing your address, medical records, etc. Even if you decide not to file an amended return, having this documentation ready will help if the IRS contacts you. And FYI - there's a 3-year statute of limitations for amending returns, so you do have some time to decide.
This is a really tough situation, and I can understand wanting to claim what you're legally entitled to while also not wanting to create unnecessary problems. One thing that might help is getting a consultation with a tax professional who can review your specific situation and documentation before you make any moves. From what you've described, if you truly were head of household, provided more than half the support, and the children lived with you for more than half the year, you likely have a valid claim. The key is having solid documentation to back this up - receipts for housing costs, utilities, groceries, medical expenses, school supplies, etc. Regarding penalties for your ex, the IRS typically distinguishes between honest mistakes and intentional fraud. If she genuinely believed she was entitled to claim the children, the consequences would likely be limited to paying back the tax benefits plus interest and possibly a 20% accuracy penalty. However, if the IRS determines it was willful fraud, penalties can be much steeper. Before filing an amended return, you might consider one more conversation with her, perhaps suggesting you both consult tax professionals to understand who actually qualifies. Sometimes having a neutral third party explain the rules can help avoid the dispute altogether. The $4,800 difference is significant, but so is maintaining a workable co-parenting relationship if possible.
This is really sound advice. I'm dealing with a similar situation and the suggestion about both parties consulting tax professionals separately first is brilliant. It removes the emotional aspect and lets neutral experts evaluate the facts. I've been putting off addressing this with my ex because I know it's going to cause drama, but you're right that $4,800 is substantial money that could make a real difference. The documentation piece is crucial too - I started gathering everything last week and realized I had way more proof of support than I initially thought. Has anyone here actually been through the IRS investigation process when both parents have good documentation? I'm wondering how they handle cases where it's not completely clear-cut.
Amina Sy
I went through this same nightmare last year! Here's what I learned the hard way: **Absolutely try Wells Fargo first** - as others mentioned, they're TPG's actual banking partner. I walked into one with just my ID and TPG check, and they cashed it with zero fees. No account needed. This should be your first stop. **If Wells Fargo doesn't work out:** ⢠Walmart MoneyCenter is solid - usually $4 for checks under $1,000 ⢠Some Kroger locations charge less if you have their Plus Card (around $5-7 flat) ⢠Credit unions are often more flexible than big banks, even for non-members **Pro tip:** Call your bank's customer service and mention it's a federal tax refund check. Sometimes they'll reduce the hold period to 1-2 days instead of 10, especially if you explain your situation. I made the mistake of going to a payday loan place first and they wanted $85 on my $2,800 refund! Don't make my mistake. The Wells Fargo route literally saved me from paying any fees at all. Good luck getting your money quickly! š¤
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Yuki Watanabe
ā¢This is exactly the kind of comprehensive breakdown I needed to see! Your experience really highlights how predatory some of these check-cashing places can be - $85 on a $2,800 refund is absolutely outrageous. I'm definitely going to try the Wells Fargo route first since multiple people have confirmed it works. The tip about calling your bank's customer service to mention it's a federal tax refund is something I hadn't considered either. Sometimes a simple phone call can make all the difference in getting those holds reduced. Thank you for sharing both what worked AND what didn't work - those cautionary tales are just as valuable as the success stories!
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Nick Kravitz
I've been through this exact situation multiple times and want to add a few more options that have worked for me: **Navy Federal Credit Union** - Even if you're not military, they'll often cash government-related checks (including tax refunds) for a small fee if you explain the situation politely. I've had success at several locations. **Local community banks** - These are often more flexible than the big chains. I once had a small regional bank cash my TPG check for just $3 because they said they "believe in helping people access their own money." **Costco** - If you have a membership, their Member Services desk will sometimes cash checks, especially tax refunds, though policies vary by location. One thing I learned: always bring additional documentation beyond just your ID. Having your tax return copy or the IRS letter about your refund can help convince places to work with you, especially at banks where you're not a customer. Also, if you're really stuck and it's urgent, some banks will give you a cash advance against the deposited check for a small fee (usually much less than check-cashing places) while the hold period runs out. Worth asking about if the Wells Fargo route doesn't pan out!
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Yuki Kobayashi
ā¢This is incredibly thorough advice! I had no idea that Navy Federal might help non-military members with government checks - that's definitely worth a try. The point about bringing additional documentation like your tax return is really smart too. It shows you're legitimate and might make tellers more willing to help. I'm curious about the cash advance option you mentioned - is that something you just ask for at the teller window, or do you need to speak with a manager? That could be a great fallback if the free options don't work out. Thanks for thinking outside the box with these suggestions!
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