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Ask the community...

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Pedro Sawyer

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I'm sorry you're going through this - the combination of family health crises and financial stress makes tax issues feel so much more overwhelming. Based on what others have shared here, it sounds like contacting the IRS directly might be your best first step, especially given your budget constraints. A few things that might help ease your anxiety about calling: The IRS has specific hardship provisions for situations exactly like yours. When you call, mention the family medical situations (your mom's terminal illness, your dad's passing, your brother's depression) as these are considered reasonable cause for filing delays and can help with penalty relief. For your kids' FAFSA situation, you might not need to file ALL the missing years immediately - sometimes just getting the most recent 2-3 years filed can unblock their financial aid process. You could ask the IRS agent which years are most critical to prioritize. Also, don't feel like you have to solve everything in one phone call. The IRS agents are used to complex situations and can often work with you on a timeline that makes sense for your circumstances. The fact that you're reaching out proactively (rather than waiting for them to find you) will work in your favor. You've already survived incredibly difficult personal circumstances - you can get through this too.

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Thank you so much for this compassionate response. You're right that the combination of everything has made this feel completely overwhelming. It's really helpful to hear that the IRS has specific provisions for family medical situations - I wasn't sure if they would consider those circumstances relevant. The point about prioritizing just the most recent years for FAFSA is huge. My oldest is starting college next fall and we've been stuck in limbo with financial aid. If I could get even 2-3 years filed quickly, that would take so much pressure off. I think I'm going to start by calling the main IRS line tomorrow and being completely honest about the situation. Reading everyone's experiences here has given me hope that they might be more understanding than I feared. At this point, anything is better than continuing to avoid the problem.

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I want to echo what others have said about contacting the IRS directly - they really can be more helpful than you'd expect, especially when you're proactive about resolving the situation. One thing I haven't seen mentioned yet is the Taxpayer Advocate Service (TAS). Since you're dealing with significant financial hardship AND your children's education is being affected, you might qualify for their help. TAS is an independent organization within the IRS that helps taxpayers resolve problems when normal channels aren't working. They're free and can sometimes expedite cases where there's educational or economic hardship. You can reach them at 1-877-777-4778 or apply online. Given that your kids' FAFSA is being held up, this could potentially qualify as causing "significant hardship" which is exactly what TAS is designed to help with. Also, when you do call the main IRS line, ask specifically about "reasonable cause" relief for penalties due to your family's medical circumstances. The IRS has specific guidelines that consider serious illness of immediate family members as valid reasons for filing delays, which could save you thousands in penalties. You've got this - the hardest part is making that first call, and you're already mentally preparing to do it.

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Ava Thompson

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Whoever designed these tax programs is evil genius level. They detect you made a retirement contribution, force Form 8880 into your return knowing most people won't qualify for the credit, then charge you for the "premium" form. Absolute scam but totally legal.

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They're not forcing anything. Form 8880 is legitimately required if you made retirement contributions, regardless of whether you end up qualifying for the credit or not. The IRS requires you to fill out the form to verify if you qualify.

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Actually, Miguel is incorrect about Form 8880 being required for all retirement contributions. You only need to file Form 8880 if you're actually claiming the Saver's Credit. If your income is above the eligibility thresholds, you don't need this form at all. The real issue is that tax software companies use this as a revenue opportunity. They detect retirement contributions and automatically assume you might qualify for the credit, then charge you for the "premium" version to include the form. But if you know you don't qualify based on your income, you can often work around this by being more specific about how you enter your retirement information. For 2024 taxes, the income limits are $36,500 for single filers and $73,000 for married filing jointly. If you're above these amounts, you can safely skip Form 8880 entirely. The key is finding tax software that doesn't automatically force it or knowing how to navigate around the upsell tactics.

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This is exactly the clarification I needed! I've been so confused about whether I actually need Form 8880 or if the software is just trying to upsell me. My income is definitely above $36,500 so it sounds like I can skip this form entirely. Do you know if there's a way to tell TurboTax or H&R Block that I don't want to claim the Saver's Credit so they stop forcing the form? Or should I just switch to one of the free alternatives people mentioned?

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Ezra Collins

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I'm surprised nobody's mentioned this yet - having a negative basis of -50k when your profit/loss/capital percentages are all 16.8% suggests the partnership as a whole might have done a significant refinancing or cash-out refi and distributed proceeds to partners. That's a common way basis goes negative while capital accounts stay positive. Do you remember receiving any large distributions in the past few years? Partnership refinances often create exactly this situation - your capital account stays intact for book purposes but your basis gets reduced by the distributions.

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Emma Davis

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This is actually a really common situation that trips up a lot of partnership investors. The key thing to understand is that your capital account and your outside basis serve completely different purposes and are calculated using different rules. Your capital account (the 120k on your K-1) is like your "book value" share of the partnership - it's what you'd theoretically get if the partnership liquidated everything at book value today. Your outside basis (the -50k your CPA mentioned) is your tax basis in the partnership interest, which determines things like how much loss you can deduct and what happens when you sell or receive distributions. The reason your basis went negative while your capital account stayed positive is likely due to cash distributions you received over the years that exceeded your initial investment plus your share of partnership income. When you receive distributions, they reduce your basis dollar-for-dollar but don't necessarily reduce your capital account the same way. Given that you have 63k in partnership liabilities allocated to you (6k + 57k), your actual "at-risk" basis for loss limitation purposes would be your -50k basis plus the 63k in liabilities, which gives you 13k of basis to absorb losses. This is why tracking partnership basis gets so complex - there are multiple layers of limitations and calculations. I'd strongly recommend getting a detailed basis calculation from your partnership's tax preparer (not just your personal CPA) showing how you got to -50k. You have a right to that information as a partner.

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This is such a clear explanation, thank you! I think you're right about the distributions - looking back at my records, I did receive some pretty large cash distributions over the past few years that I didn't really think about from a tax basis perspective. I was just happy to get the money! The part about the 63k in liabilities giving me 13k of "at-risk" basis is really helpful. Does that mean I can still deduct up to 13k in losses this year, or are there other limitations I should be worried about? And when you say I have a right to the basis calculation from the partnership's tax preparer - is that something I can demand even if my personal CPA doesn't want to ask for it?

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Has anyone dealt with a situation where you provided different benefits to different employees? We have some staff getting dental and some getting Aflac and I'm worried about discrimination testing.

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Sophia Long

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Different benefits for different employees can create issues with nondiscrimination testing, especially if highly compensated employees get better benefits. S-Corps need to be careful about this. You might want to create a cafeteria plan where everyone gets the same dollar amount to spend on benefits of their choice.

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Jamal Harris

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Based on the discussion here, it sounds like you'll need to include that $120 in the employee's taxable wages. Since your company covered what would normally be the employee's responsibility for Aflac premiums without expecting repayment, the IRS treats this as additional compensation. For S-Corps, this is pretty straightforward - add it to their wages in the pay period when you covered the costs, and make sure it's included on their W-2 at year-end. You'll also need to withhold the appropriate payroll taxes on this amount. One thing to double-check is whether your Aflac deductions are currently set up as pre-tax or after-tax, as someone mentioned above. You can see this by looking at how the deduction appears on your payroll - if it reduces taxable income, it's pre-tax; if it doesn't, it's after-tax. This affects exactly how you handle the tax reporting, but either way, covering the employee's portion makes it taxable income to them. Document everything well since it was related to medical leave - you want a clear paper trail showing this was a one-time accommodation during their ankle injury recovery, not an ongoing benefit that could create precedent issues with other employees.

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Mei Wong

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This is really helpful advice! I'm dealing with a similar situation at my small business and was wondering - when you say to add it to wages "in the pay period when you covered the costs," what if the company covered multiple pay periods worth of premiums all at once? Should we spread it across the pay periods it was meant to cover, or just add the full amount to one paycheck? Also, for the payroll tax withholding, do we calculate that on just the $120 or include it with their regular wages for that period?

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I went through this exact same confusion last month when filing our 1120-F! As others have mentioned, these Corporate AMT questions are really only relevant for massive corporations. Since you mentioned you're a mid-sized foreign company filing for the first time, you can almost certainly answer "No" to all three questions. Just to break it down simply: - Question 1: Were you ever a billion-dollar+ company before? (Probably no) - Question 2: Are you a billion-dollar+ company now because you were before? (Probably no) - Question 3: Do you qualify to stop being considered a billion-dollar+ company? (Not applicable if you never were one) The IRS unfortunately makes everyone answer these questions even though they only apply to a tiny fraction of filers. It's like asking everyone if they own a yacht - most people can confidently say no! Just make sure to document your reasoning in case you're ever questioned about it.

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This is such a helpful way to think about it! The yacht analogy really puts it in perspective. I was getting so overwhelmed by all the technical tax language, but when you break it down like that, it's much clearer. Since we're nowhere near that billion-dollar threshold, I feel much more confident about answering "No" to all three questions. Thanks for the simple breakdown - sometimes the obvious answer really is the right one!

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I'm dealing with the exact same issue on our 1120-F filing! Reading through all these responses has been incredibly helpful. It sounds like for most of us mid-sized companies, the answer is a straightforward "No" to all three questions since we're nowhere near the $1 billion threshold. What's really frustrating is that the IRS makes everyone answer these questions even when they clearly don't apply to 99% of filers. It would save so much confusion if they just added a simple explanation like "If your company has never had income over $1 billion, answer No to questions 1-3." Thanks to everyone who shared their experiences - it's reassuring to know other people were just as confused by the wording of these questions!

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