


Ask the community...
Has anyone actually gotten audited because of late 1099s? I'm in a similar boat but I'm worried filing them now will trigger some kind of review.
I filed 6 late 1099s two years ago and nothing happened. No audit, no follow-up questions. I did get the penalties but my accountant helped me write a letter and they reduced them by 75%. I think the IRS is way too busy to audit everyone with late information returns!
I went through this exact situation last year with 3 late 1099-NECs and can share what worked for me. First, don't let your accountant's casual attitude stop you from doing the right thing - filing late is always better than not filing at all. I was terrified about penalties too (facing $840 total), but I filed them electronically through the IRS FIRE system and included a detailed reasonable cause letter. The key points I emphasized were: 1) This was my first offense with a clean compliance history, 2) The contractors had already reported the income on their returns, 3) I was voluntarily correcting the issue without IRS contact, and 4) I had legitimate confusion about the filing requirements. The IRS approved my first-time penalty abatement request and waived all penalties. The whole process took about 6 weeks from filing to getting confirmation. No audit, no additional scrutiny - just relief that it was handled properly. My advice: file them ASAP electronically, write a sincere letter explaining your situation, and don't let fear of an audit stop you from complying. The IRS actually appreciates voluntary compliance more than you'd think.
Has anyone just asked their tax preparer about this? When my wife and I file jointly, our accountant actually includes a breakdown of how much each of us contributed to the total tax liability and what portion of the refund "belongs" to each of us.
This is such a relatable situation! My partner and I went through the same thing our first year filing jointly. We ended up using the withholding proportion method that Fatima mentioned - it felt the most fair since it directly reflects what each person "overpaid" during the year. One thing that helped us was also considering our different tax situations beyond just income. For example, I had more pre-tax deductions through my employer (401k, health insurance), which reduced my taxable income but also meant my withholding rate looked lower. We factored that into our discussion. For this year, I'd suggest going with the withholding-based split since it's straightforward and fair. But definitely consider setting up a system for next year - whether it's a joint tax account like Connor suggested or just agreeing on a method upfront so you're not debating it every April!
Something nobody's mentioned yet - if the LLC has Section 754 election in place, there might be additional considerations for the buyer. Not directly relevant to your seller client's tax situation, but good to be aware of for the overall transaction. Also, check if there's any debt involved. If your client's share of the LLC's liabilities is being reduced, that could trigger additional gain recognition under Section 752.
Thanks for bringing up the debt aspect. The LLC does have some significant financing, so I'll need to calculate how much of that liability relief my client is getting from this partial sale. Would that additional gain also be capital in nature?
Yes, the gain from liability relief (Section 752) would generally be treated as part of the overall gain from the sale of the partnership interest, so it would typically follow the same tax treatment - capital gain except for the portion attributable to Section 751 "hot assets." The calculation can get complex because you need to determine your client's share of liabilities before and after the sale, not just based on the percentage of ownership being sold. If there are different tiers of debt or guarantees, the liability allocation might not perfectly match the ownership percentage.
I'm surprised nobody has mentioned Form 8308 yet. When there's a sale or exchange of a partnership interest, the partnership has a filing requirement to report the transaction to the IRS using Form 8308 (Report of a Sale or Exchange of Certain Partnership Interests). This is required if there are Section 751 assets involved. Make sure the partnership's tax preparer is aware of this transaction so they can handle this reporting requirement correctly. I've seen partnerships miss this form, which can create problems later.
Good call on Form 8308! I completely forgot about that one. Does that get filed with the partnership return or separately?
Form 8308 gets filed with the partnership's annual return (Form 1065). The partnership has to file it by the due date of their return for the tax year in which the transfer occurred. It's not a separate filing - it's an attachment to the 1065. The form requires information about the transferor, transferee, and details about any Section 751 property involved in the transaction. Since your client is selling 40% to an existing partner, the partnership will definitely need to handle this if there are any unrealized receivables or substantially appreciated inventory. @Charlotte Jones - thanks for bringing this up, it s'such an easy one to overlook but can cause headaches if missed!
has anyone actually received a 1095-a BEFORE filing their taxes? i swear they always come late and then the irs gets mad when you file without it. such a broken system lol.
I've been through this exact scenario! The key thing to understand is that the IRS computer systems often have "sticky" flags from previous years. Since you had marketplace coverage in 2023, their system is still expecting 1095-A documentation even though you correctly switched to employer coverage. Here's what worked for me: First, call the IRS practitioner priority line if you can get through (or use one of those callback services others mentioned). Explain that you switched from marketplace to employer coverage and only have a 1095-C for 2024. They can often remove the flag immediately. Also, when you file your amended return, include a statement explaining the insurance change. Write something like "Taxpayer had employer-provided health insurance for all of 2024 as evidenced by Form 1095-C. No marketplace coverage in 2024." Attach it to your 1040-X. The $2,800 refund will come through once this gets sorted - just takes patience with their system!
The practitioner priority line is for enrolled agents, CPAs, and attorneys, so as a regular taxpayer you'd still use the main line. But that's exactly why services like Claimyr that others mentioned can be helpful - they can navigate those phone systems better than we can. In my case, once the IRS agent removed the flag during our phone call, my refund was processed within about 10-14 business days. The key was getting that human intervention to override their automated system. Without it, amended returns can take 16+ weeks to process. Don't lose hope! Your refund will come through once this gets resolved. The important thing is documenting that you had employer coverage all of 2024 with your 1095-C form.
The practitioner priority line is actually for tax professionals (CPAs, enrolled agents, etc.), so as a regular taxpayer you'd still use the main number. However, those callback services like Claimyr that others mentioned can be a real lifesaver for getting through. In my case, once the IRS agent removed the flag over the phone, my amended return processed in about 6-8 weeks, which is pretty standard timing. The key was getting that human override - without it, the automated system just kept rejecting everything. Don't worry too much about major delays once you get this sorted out. The IRS understands these insurance transition issues are common and they usually process the corrections fairly quickly once the right documentation is in place.
Destiny Bryant
Has anyone used the "substantially equal periodic payments" (SEPP) method to withdraw from a SEP IRA? I'm considering this to avoid the 10% penalty since I'm only 52.
0 coins
Dyllan Nantx
ā¢I've been doing SEPP (72t distributions) from my SEP for about 2 years now. It works but be super careful - if you mess up even one payment amount or timing, the IRS can retroactively apply penalties to ALL your previous withdrawals. I recommend getting professional help setting it up. Also, you're locked into the payment schedule until you're 59½ or for 5 years, whichever is longer.
0 coins
Misterclamation Skyblue
This is a really complex situation that highlights why SEP IRAs can be tricky for people who transition from business to personal contributions. Based on what others have shared here, it sounds like you have a few different issues to untangle: 1. Tax withholding on withdrawals - as mentioned, SEP IRA distributions will have taxes withheld regardless of how you contributed 2. Missed deductions - if you contributed from personal funds after closing your business but didn't claim tax deductions, you may have double-taxed that money 3. Potential amended returns - you might be able to recover some of those missed deductions if you're still within the filing window Given how complicated this has gotten, I'd strongly recommend getting professional help to sort out your contribution history and determine exactly what your tax situation is before making any withdrawals. The stories others shared about using services like taxr.ai or getting through to actual IRS agents via Claimyr sound like they could be really helpful for someone in your position. Don't let this drag on - the longer you wait, the fewer options you'll have for recovering those missed deductions.
0 coins