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Beware that the rules for qualifying relatives are different from qualifying children! I messed this up last year. For a qualifying relative (which is what your adult son would be), they cannot be your qualifying child or anyone else's qualifying child. The gross income test ($4,700 for 2025) is also critical - though VA benefits don't count toward this, any other income does. If he has even a part-time job that pays more than the threshold, he won't qualify regardless of how much support you provide.
Does the same rule apply for adult children with disabilities? I thought there was some exception if they're permanently disabled? My son is 27 and has a developmental disability.
Actually, yes! There is an exception for permanently and totally disabled adult children. If your son is permanently and totally disabled (which it sounds like he might be), he can qualify as your qualifying child regardless of age, as long as he meets the other tests: relationship (your child), residence (lived with you more than half the year), and support (you provided more than half his support). The key difference is that qualifying children don't have the gross income limit that qualifying relatives do. So even if your disabled adult child has income over $4,700, they could still qualify as a qualifying child dependent if they meet the disability exception and other requirements. You'd want to confirm with a tax professional whether your son's condition meets the IRS definition of "permanently and totally disabled" - it's more specific than just having a disability rating.
This is a great question that many families with disabled veterans face. Based on what you've described, your son would likely qualify as a qualifying relative dependent if you meet the support test. Since your son is 30 and living with you due to his 100% permanent and total VA disability, you'll need to calculate whether you provide more than half of his total support. This includes not just obvious expenses like food and clothing, but also the fair market rental value of his housing, utilities, medical expenses, transportation, and any other costs you cover. The good news is that VA disability benefits are not counted toward the gross income test (which has a $4,700 limit for 2025), so that shouldn't be an issue. However, those benefits do count when determining how much he contributes to his own support versus what you provide. One important thing to consider: since your son has a permanent and total disability from the VA, you might want to check if he qualifies for the disabled adult child exception under the qualifying child rules instead. This could be more beneficial since qualifying children don't have the gross income limitation. The IRS definition of "permanently and totally disabled" might align with his VA rating. I'd recommend keeping detailed records of all expenses you pay for his support throughout the year - housing costs, food, medical expenses, utilities, transportation, etc. This documentation will be crucial for calculating the support test accurately and defending your claim if questioned.
This is really helpful information! I hadn't considered that he might qualify under the disabled adult child exception rather than just as a qualifying relative. His VA rating is 100% permanent and total, so it sounds like that could potentially meet the IRS definition you mentioned. Do you know if there's a specific form or documentation from the VA that would help establish this with the IRS? I want to make sure I have everything properly documented if I go this route. The difference between the qualifying child vs qualifying relative rules could be significant, especially since he does receive those VA benefits. Also, when you mention keeping detailed records of expenses - should I be tracking this monthly or is an annual total sufficient for the support test calculation?
Has anyone else noticed how poorly written the IRS instructions are for these partnership audit forms? I read the same section of the website 5 times and still couldn't figure out what they were trying to say. It's like they deliberately make things confusing.
I completely agree with everyone saying the non-BBA partnership doesn't need to issue 8985/8986 forms in this situation. I dealt with this exact scenario last year and spent way too much time second-guessing myself because the IRS guidance is so confusing. What helped me was breaking it down step by step: 1) Your client is non-BBA, 2) They received favorable adjustments with no imputed underpayment, 3) Non-BBA partnerships generally don't have push-out obligations like BBA partnerships do. They just need to account for the adjustments on their own return and flow through any partner-level changes via amended K-1s if necessary. The key thing to remember is that the 8985/8986 reporting requirements were primarily designed for the BBA partnership audit regime. Since your client is outside that regime, they're not subject to those specific reporting obligations. Save yourself the stress - document your reasoning like Ryan suggested and move on!
This is exactly the kind of step-by-step breakdown I needed! As someone new to partnership tax issues, I've been overwhelmed by all the different forms and requirements. Your three-point analysis really helps clarify the situation. I'm curious though - you mentioned amended K-1s might be necessary. In what situations would a non-BBA partnership need to issue amended K-1s after receiving favorable adjustments on Form 8986? Is it only if the adjustments are significant enough to materially change the partners' tax positions?
This entire thread has been incredibly educational! I'm just getting started with selling some of my vintage sports memorabilia collection and had no idea about most of these cost basis rules. One thing I'm still unclear on - when you sell multiple items in a single eBay listing (like a lot of 10 baseball cards), how do you handle the cost basis calculation? Do you need to break down the original purchase price for each individual card, or can you use the total lot purchase price against the total sale price? I bought a collection of 50 cards for $200 a few years ago and I'm thinking about selling them in smaller lots of 5-10 cards each. Some of the individual cards I can research what they would have cost separately, but others are pretty obscure and I have no idea what their individual values were when I bought the collection. Also, this might be a dumb question, but if I use the same bubble mailer for multiple small sales to save on shipping costs, can I split that packaging cost across the different sales, or should I just absorb it as a general expense? Thanks to everyone who's shared their experiences here - this community is amazing for breaking down these complex tax situations in ways that actually make sense!
Great questions about lot sales! For the cost basis on collections sold in smaller lots, you have a few approaches. The most accurate method is to allocate the original $200 purchase price based on the relative fair market values of the cards when you bought them. If you can't determine individual values, you can use a reasonable allocation method like dividing the cost equally among the 50 cards ($4 per card) and then multiply by however many are in each lot you sell. For the bubble mailer situation, yes you can definitely split packaging costs across multiple sales! Just keep a simple record - if you spent $5 on bubble mailers and used them for 5 different sales, you can allocate $1 to each sale's cost basis. The IRS allows reasonable allocation methods for shared expenses as long as you're consistent and can document your approach. The key is being able to explain your methodology if ever questioned. Whether you allocate by item count, estimated value, or sale price, just pick a consistent method and document it. This kind of detailed tracking really shows you're making a good faith effort to report accurately!
This has been such an informative discussion! I'm dealing with a similar situation selling vintage video games from my collection. Based on everything shared here, it's clear that the IRS allows you to include direct selling costs in your cost basis calculation even for hobby sales. For your Spider-Man comic example, you're absolutely right to include all those costs - the $75 purchase price, $15 packaging materials, $22 shipping, and $25 eBay fees. Your taxable gain would be $113, not $175. One thing I'd add for anyone reading this - make sure you're consistent with your record keeping across all your sales. I learned the hard way that having some transactions well-documented and others missing receipts creates problems if you ever need to explain your reporting to the IRS. Also, don't forget to save digital copies of your eBay fee statements and PayPal transaction records. These platforms sometimes purge old data after a few years, and you'll want those records if you ever get audited. The distinction between hobby sales and business sales is important too - as long as you're just clearing out your personal collection without the intent to make a regular profit, you should be fine reporting these as hobby sales with the cost basis approach everyone's described here.
I've been through a similar PTET refund situation with entity dissolution, and here's what worked for me: Don't dissolve the S-corp until after you receive the PTET refund check. This keeps everything clean from a tax perspective. The timing works like this: File your 2023 S-corp return in early 2024 as normal, deducting the full PTET amount you actually paid in 2023. When the refund comes in Q1 2024, it goes to the still-existing S-corp. Then you file a short-period final return for 2024 (January 1 to dissolution date) that reports the refund as income. This approach avoids the complexity of trying to figure out who owns post-dissolution refunds and ensures proper flow-through treatment to shareholders. The alternative of trying to handle a refund after dissolution creates unnecessary complications with state agencies and potential issues with the final K-1s. One tip: Make sure to notify the state that issued the PTET refund about your planned dissolution date so they don't delay sending the check to a dissolved entity.
This is exactly the approach I was leaning toward! Your timeline makes perfect sense - keeping the entity alive just long enough to receive the refund avoids so many potential headaches. I'm curious though, when you filed that short-period final return, did you have to deal with any complications around the K-1s? I'm worried about having to issue amended K-1s to shareholders if the refund amount ends up being different than expected when I file the 2023 return.
Great question about the K-1 complications! In my experience, you won't need to amend the 2023 K-1s because the PTET refund is treated as separate income in 2024, not an adjustment to the 2023 amounts. The 2023 K-1s should reflect the actual PTET deduction taken in 2023, and that doesn't change when you get the refund. For the short-period 2024 return, you'll issue new K-1s that show each shareholder's pro-rata share of the refund income. Since this is a final return, you'll want to make sure all shareholders understand they're getting a final K-1 for 2024 even though the entity was only active for a few months. One thing I learned the hard way: estimate the refund amount as closely as possible when filing the 2023 return so you can give shareholders a heads up about the 2024 income. Even though you can't know the exact amount, having a ballpark figure helps them with their tax planning. The state should provide some guidance on calculating the expected refund based on your estimated payments vs. actual liability.
This thread has been incredibly helpful! I'm dealing with a very similar situation and was completely lost on how to handle the timing. The approach of keeping the S-corp active until receiving the PTET refund makes so much sense - I can't believe my CPA didn't suggest this. One follow-up question: when you say "estimate the refund amount as closely as possible" for the 2023 return, where exactly do you report that estimate? Is there a specific line on the S-corp return where you note the expected refund, or are you just talking about calculating it for planning purposes but not actually putting it on the return? Also, did you run into any issues with your state's business registration when you delayed the dissolution? I'm worried about having to pay additional franchise fees or annual report fees just to keep the entity alive for a few extra months.
NebulaNinja
Quick question for everyone - what about cash expenses? Sometimes I pay cash for things like parking when meeting clients or small office supplies when I'm in a hurry. How do you handle documentation for those?
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Javier Gomez
ā¢For cash expenses, I always ask for a receipt, then immediately take a photo of it with my phone and note what it was for. If I can't get a receipt (like for parking meters), I'll make a note in my phone with the date, amount, location and business purpose. Then I transfer these to a "cash expenses" spreadsheet weekly. My accountant said this is sufficient as long as the cash expenses are reasonable and not excessive.
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NebulaNinja
ā¢Thanks for the advice! I'll start implementing that system. I don't have many cash expenses but they do add up over time and I've been nervous about claiming them without proper documentation.
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Anna Kerber
Great thread everyone! As someone who went through an IRS audit last year for my consulting business, I can confirm that having organized documentation makes ALL the difference. The auditor told me upfront that cases with good record-keeping typically resolve much faster. One thing I wish I'd known earlier: the IRS has a "Cohan Rule" that allows reasonable estimates for certain expenses if you can demonstrate a pattern but lost some receipts. However, this should NOT be your primary strategy - it's really a last resort and they're very strict about it. My biggest takeaway from the audit experience: consistency in your documentation system matters more than perfection. Whether you use apps, spreadsheets, or physical files, just stick to ONE system and use it religiously. The auditor was more impressed by my consistent monthly organization than by any fancy software. Also, if you're ever selected for audit, don't panic! Most business audits are correspondence audits (done by mail), not the scary in-person ones you see on TV. As long as you have reasonable documentation for your deductions, the process is much more manageable than people make it out to be.
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Mikayla Davison
ā¢This is really reassuring to hear from someone who's actually been through it! I've been so stressed about the possibility of an audit, but your experience makes it sound much more manageable than I imagined. Quick question - when you mention the "Cohan Rule," roughly what percentage of expenses could you reasonably estimate vs needing actual receipts? I'm pretty good about keeping records but I know I've definitely lost a few receipts here and there over the past couple years.
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