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Quick question - I'm in a similar situation but my LLC is taxed as an S-Corp. Does that change what I need to file if there was no activity?
Yes, that definitely changes things. With an S-Corp election, you're required to file Form 1120-S every year, even with zero activity. Unlike a disregarded single-member LLC, S-Corps must file their own separate tax return regardless of whether there was any business activity.
Just adding to what Profile 8 said - if you have an S-Corp with no activity, you still need to file the 1120-S, but you also need to be careful about maintaining your S-Corp status. The IRS can terminate S-Corp status if you go too long without business purpose or activity (usually after 3 years of no activity). Might be worth considering if you want to keep the S-Corp election if you don't plan to use the LLC soon.
This is a great question that a lot of new LLC owners face! Just to add another perspective - if you're thinking about keeping the LLC for future use, you might want to consider the ongoing costs vs. the hassle of forming a new one later. In some states, the annual fees are pretty minimal (like $50-100), so it might be worth keeping it active if you think you'll use it in the next few years. But in states like California with that $800 annual fee, it's probably better to dissolve it and just form a new one when you actually need it. Also, make sure you're not missing any deadlines! Some states have specific timeframes for when you need to file annual reports or dissolve the LLC to avoid penalties. I learned this the hard way when I forgot about a deadline and got hit with late fees even though my LLC never made a penny. The IRS filing requirements are definitely confusing for inactive LLCs, but better to be safe and file the appropriate forms with zeros than risk penalties later.
This is really helpful advice about weighing the ongoing costs vs reformation costs! I'm curious - when you say some states have specific timeframes for dissolution to avoid penalties, do you happen to know what the typical window is? I'm wondering if there's like a grace period after formation where you can dissolve without owing the full year's fees, or if you're on the hook for the entire year regardless of when you dissolve. Trying to figure out if I should dissolve my dormant LLC now or wait until closer to the annual filing deadline.
5 Has anyone used an online tax program like TurboTax for reporting inheritance stuff like this? I'm wondering if they handle this situation correctly or if I need to see a professional.
10 I used TurboTax last year for a similar situation and it worked fine, but you have to make sure you answer the questions correctly. When it asks about the property, make sure to indicate it was inherited and provide the date of death value as your basis. The software should then properly report it on Form 8949 with the correct adjustment code.
Just want to add another perspective here - I went through something very similar when my grandmother passed and left her property to multiple heirs. The stepped-up basis rule that others mentioned is absolutely correct, but make sure you keep excellent records of everything. One thing I wish someone had told me: if there were any improvements or expenses related to settling the estate (like repairs needed before the sale, legal fees for the estate, etc.), those might affect your basis calculation. Also, if there was any time gap between your father's passing and when the property was actually distributed to you heirs, you might need to consider whether there was any appreciation or depreciation in that period. The 1099-S you received is just the IRS making sure they know money changed hands - it doesn't necessarily mean you owe taxes on it. But definitely report it properly on Schedule D and Form 8949 as others have mentioned. When in doubt, it's worth consulting with a tax professional who deals with estate issues regularly.
This is really helpful additional information! I hadn't thought about the estate expenses potentially affecting the basis. In our case, we did have some legal fees and minor repairs before the sale. Should I be adding those costs to my basis, or do they get handled differently since the sale was between family members? Also, there was about a 6-month gap between when my dad passed and when we finalized everything - during that time the local housing market actually went up a bit, but we stuck with the original appraisal value for the buyout.
I work in mortgage lending and we accept the IRS Wage and Income Transcript in place of W-2s ALL THE TIME. It's actually preferred because it comes directly from the IRS and we know it hasn't been altered. Just make sure when you download it that you get the official PDF version and not just the web view.
Also want to mention that if you're having trouble with the IRS online identity verification process (which can be tricky), you can request transcripts by mail using Form 4506-T. It takes longer (usually 5-10 business days) but it's a reliable backup option if the online system isn't working for you. Just make sure to check the box for "Wage and Income Transcript" on the form, not just "Tax Return Transcript" - they're different documents and your mortgage lender specifically needs the wage information. You can download Form 4506-T directly from the IRS website and mail it to the address listed in the instructions. Given that your mortgage broker is getting impatient, I'd try the online transcript option first since it's immediate, but it's good to know you have this backup if needed!
This is really helpful information! I had no idea there were different types of transcripts. Quick question - if I'm able to get the online transcript right away, should I still file the Form 4506-T by mail as a backup, or is that overkill? My closing is scheduled for next month so I want to make sure I have everything covered.
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!
This is a really comprehensive discussion! I'm dealing with a similar situation right now and wanted to add one more consideration that might be relevant. If your client has been receiving guaranteed payments from the LLC (like for management services), make sure to clarify whether any portion of the sale proceeds might be attributable to those future guaranteed payments. Sometimes in these partner buyouts, part of the purchase price is actually compensation for giving up future guaranteed payments rather than just the equity interest itself. Any portion that's really compensation for guaranteed payments would be ordinary income, not capital gain. It's another layer to analyze beyond just the Section 751 hot assets. The partnership agreement and sale documentation should help clarify this, but it's worth discussing with your client to make sure the economic substance matches how the transaction is structured on paper. Also, if the selling partner has any outstanding loans to/from the partnership, those need to be factored into the overall transaction analysis too.
Ethan Campbell
This is such a helpful thread! I'm going through something similar with my company relocation package. One thing I'd add is to also check if your company offers any tax consulting services as part of their relocation benefits. Mine included a consultation with a tax professional specifically for relocation-related tax questions, which was super helpful. Also, if you're moving across state lines, make sure you understand the timing of when you become a resident of your new state for tax purposes. I moved in March but was still considered a part-year resident of my old state, which affected how the relocation income was taxed at the state level. The gross-up calculation should account for this, but it's worth double-checking with your HR or relocation company to make sure they got the state residency dates right. The documentation everyone's mentioning is crucial - I created a dedicated folder for all my relocation paperwork because there were so many different pieces (moving receipts, temporary housing, tax gross-up calculations, etc.).
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James Maki
ā¢Great point about the tax consulting services! I didn't even think to ask HR about that when I was dealing with my relocation stress. And the state residency timing thing is so important - I almost missed that detail entirely. Your folder system is smart too. I've been throwing all my relocation docs in one big pile, but organizing them properly now could save me major headaches later, especially after reading about that audit situation above. Thanks for the practical tips!
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Maria Gonzalez
Thank you all for this incredibly detailed discussion! As someone who just went through a similar relocation situation last year, I wish I had found this thread earlier. One additional tip I'd add - if your company uses a third-party relocation management company (like Cartus or SIRVA), they usually have dedicated tax specialists you can speak with directly. These folks deal with imputed income questions all day long and can walk you through your specific situation step by step. Also, don't panic when you see that big number on your paycheck! I know it's shocking at first (mine was around $38k), but the system is designed to handle this properly. The key is making sure your company did a "true-up" calculation at year-end to account for your actual tax situation vs. the estimated gross-up they did initially. Keep every single piece of paper, email, and receipt related to your move. I'm talking everything - even the pizza you bought for the movers if your company reimbursed it. Better to have too much documentation than not enough if questions come up later.
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Ezra Bates
ā¢This is such valuable advice, especially about the third-party relocation companies having tax specialists! I'm just starting my relocation process and had no idea I could speak directly with someone who handles these situations regularly. The "true-up" calculation you mentioned sounds important - is that something that happens automatically or do I need to request it from HR? I want to make sure I don't miss any steps that could cause issues later. And totally agree on keeping everything - I'm already creating digital copies of all my relocation documents just in case!
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