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Partnership 1065 showing rental income incorrectly as ordinary income subject to self-employment tax

I'm working with two client partnerships (50/50 ownership split, not married) where one partnership rents property to the other. Both have identical ownership structures. I'm looking at their tax returns and noticed something weird. The partnership that collects rent (from both the related partnership and from unrelated third parties) is showing ALL rental income as ordinary income on page 1 of Form 1065, making it subject to self-employment tax. This seems completely wrong to me. Shouldn't all this rental income be classified as rental income rather than ordinary income? Rental activities are generally long-term and shouldn't be considered short-term business operations subject to SE tax. A few questions: 1. Am I missing something here? Is there any scenario where rental income would legitimately be reported as ordinary income subject to SE tax on a 1065? 2. Can we amend their previous returns to reclassify this income correctly as rental income not subject to SE tax? Would save them a bunch on self-employment taxes. 3. What about if they showed a loss 2 years ago? Since they reported it as ordinary income on page 1, they took an ordinary loss instead of a passive loss. How would that factor into amendments? Thanks for any insights. I'm pretty sure the current preparer has this completely wrong but want to make sure before I tell the clients.

Does anyone have experience with how this affects state returns? I'm in California and dealing with a similar situation. Would reclassifying from ordinary income to rental income on the federal flow through correctly to CA Form 565?

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For California, the reclassification should flow through since CA Form 565 generally follows federal characterization of income. However, California has its own passive activity rules that can sometimes differ from federal. One thing to watch for: California suspended NOL deductions during some recent tax years, so if your reclassification creates passive losses in prior years, check if those years were affected by the NOL suspension. Also, the self-employment tax savings won't have a direct state tax impact since CA doesn't have an equivalent to SE tax, but the income characterization will still matter for passive activity purposes.

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This is a great discussion on rental income classification. I want to add a practical tip that might help with documentation when you amend these returns. When I've dealt with similar partnership rental misclassifications, I always prepare a detailed memo explaining the correction that gets attached to the amended return. I include citations to IRC Section 1402(a)(1) which specifically excludes rental income from self-employment tax, and Reg. 1.1402(a)-4 which clarifies that real estate rentals are not considered carrying on a trade or business for SE tax purposes. For the self-rental aspect, I also cite Reg. 1.469-2(f)(6) to show that while the income may be recharacterized as non-passive under the self-rental rules, it's still rental real estate income exempt from SE tax. This documentation has been helpful when dealing with IRS inquiries on amended returns. One more thing to consider - if your clients have been overpaying SE tax for multiple years, make sure you calculate the interest the IRS will owe them on the refunds. For substantial amounts, that interest can add up to a meaningful sum that clients appreciate knowing about upfront.

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Fiscal Year End for S-Corp - What Tax Year Return Should I File?

I own a small manufacturing business set up as an S-Corp with a fiscal year ending June 30th, 2024. I'm getting ready to file taxes but I'm genuinely confused about which tax year I should be using for my return. If my fiscal year ended on June 30th, 2024, am I supposed to file this as a 2023 tax return or a 2024 tax return? This is only my second year with this fiscal year setup, and last time my accountant handled everything. Now I'm trying to be more hands-on with the financial side of my business. Is there some general rule about how to determine which tax year to use when you have a fiscal year that spans two calendar years? I've been searching online and getting mixed information. Any help would be greatly appreciated before I mess this up!

As a CPA who works with a lot of S-Corps, I can confirm that Malik's explanation is spot on. The key thing to remember is that your tax year follows your fiscal year end date - so June 30, 2024 fiscal year end means you file a 2024 return. One additional point that might help: when you receive your K-1 from the S-Corp, it will be labeled as a 2024 K-1 even though it covers income from July 2023 through June 2024. This K-1 gets reported on your personal 2024 tax return (filed in 2025). The timing can be confusing at first, but once you understand the pattern it becomes much clearer. Also, make sure you're not missing any quarterly estimated tax payments. With a June 30 fiscal year end, your quarterly due dates are September 15, December 15, March 15, and June 15 - different from calendar year filers.

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Thanks everyone for all the detailed responses! This thread has been incredibly helpful. I ended up following Malik's advice about filing for the tax year in which my fiscal year ends, so I filed a 2024 return for my June 30, 2024 fiscal year end. I also took several of your suggestions and called the IRS directly to confirm everything (thanks Omar for the Claimyr tip - saved me hours of hold time!). The agent confirmed I was on the right track and also reminded me about the September 15th deadline, which I almost missed focusing on the tax year confusion. One thing I learned that might help others: the IRS agent mentioned that if you're unsure about your fiscal year filing requirements, Publication 538 has all the details about tax years and accounting periods. It's pretty dry reading, but it cleared up several questions I had about the timing. For anyone else dealing with this - definitely don't overthink it like I did. The basic rule really is straightforward: file for the year your fiscal year ends. Everything else follows from that principle. Thanks again for all the help!

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So glad this all worked out for you! This thread has been a goldmine of information. As someone who's been lurking here trying to figure out my own fiscal year situation with my small tech startup, seeing everyone's real experiences and solutions has been incredibly valuable. The tip about Publication 538 is especially helpful - I've been relying on random internet articles that all seemed to contradict each other. Having an official IRS publication to reference will definitely give me more confidence when I file. Thanks for following up with how everything turned out!

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Do I need to report Short Term Disability and Bereavement leave on my taxes for 2025?

So I ended up having to take short term disability last year due to a pretty bad car accident, and my employer paid me for about 60% of my regular salary during that time. All of this showed up on my regular paystubs and I noticed they withheld taxes from these payments just like my normal paycheck. I also unfortunately had to take bereavement leave after my uncle passed away unexpectedly. The company gave me 5 days of paid leave, and again, this all showed up on my regular paystub with taxes taken out like normal. I'm working on my taxes now and I'm confused if I need to report these payments separately somehow? Since they were both handled through my employer's payroll and taxes were already taken out, do I need to do anything special when filing my return? Or is it all just considered regular income since it's already on my W-2? This is my first time dealing with either situation on my taxes and I'm not sure if I'm missing something important.

One thing that hasn't been mentioned yet - if your short term disability was paid by a third-party insurer (even if it's through your employer's plan), you should have received a Form 1099-G, not just have it included on your W-2. My company uses Sedgwick for disability claims and it's always reported separately from my regular wages. You might want to double check with your HR department about how your specific plan works. Some companies self-fund their STD plans (then it's on your W-2) while others use insurance (which results in a separate 1099).

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Amina Sy

Author

Thanks for bringing this up! I just checked and our company handles the short term disability internally for the first 8 weeks, then it switches to a third-party provider if you're out longer. I was only out for 6 weeks, so I guess that's why everything was just on my regular paystub. Do you know if bereavement is ever handled differently? Or is that always just regular pay?

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Bereavement leave is almost always handled as regular wages since it's a company benefit rather than an insurance payment. I've never seen it reported separately in my 15 years working in various companies. As for your disability situation, that makes perfect sense. Since you were within the company's self-insured period, it would just show up as regular wages on your W-2. If you had gone beyond 8 weeks and started receiving payments from the third-party provider, then you likely would have received a separate tax form for that portion. The tax treatment might also have been different depending on who paid the premiums for that extended coverage.

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Just adding my experience - I took short term disability last year after surgery and realized months later that my company had taken taxes out of the payments but I had been paying the STD insurance premiums with after-tax dollars for years! I ended up having to file an amended return to get back about $900 in taxes. If you paid for the STD with after-tax money, double check your W-2 and paystubs. You might be paying taxes you don't actually owe.

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How did you prove to the IRS that you paid the premiums with after-tax dollars? I think I'm in the same situation but don't know what documentation I need.

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You'll need to gather your pay stubs from throughout the year to show the STD premium deductions. Look for a line item that shows the disability insurance premium being deducted from your gross pay but NOT being excluded from your taxable wages (meaning it was taken with after-tax dollars). You can also request a benefits statement from HR that shows how your premiums were handled tax-wise. When I filed my amended return, I included copies of several pay stubs highlighting the premium deductions and a letter from HR confirming the premiums were paid with after-tax dollars. The IRS accepted this documentation and processed my refund in about 8 weeks. If you're having trouble getting clear answers from HR, you might also check your annual benefits enrollment materials - they sometimes specify whether premiums are pre-tax or after-tax.

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17-year-old daughter turning 18 - Is this the last year we can claim her and get the Child Tax Credit?

We have two teenagers - our son is 15 and our daughter just turned 17. We've always claimed them as dependents and received the Child Tax Credit which has been a huge help. We live in Texas. Since our daughter will be turning 18 in May 2025, I'm thinking the tax return we file in April 2025 will be the last time we can claim her. But someone mentioned that if she's still living at home and goes to college, we might still be able to claim her as a dependent and possibly get the Child Tax Credit. Is that actually true? My husband and I both work retail jobs, making around $32k-$38k each annually. We always take the standard deduction. The difference in our refund amount with vs. without claiming our daughter would be massive - like $1,250 vs $6,300 or something similar. This would seriously impact our finances. I'm trying to figure out if we need to start preparing for this change. Would the money we save on not covering her expenses (food, clothes, school supplies, etc.) offset the tax refund difference? We also spend about $625 each year sending both kids to church camp, so that's another expense that would decrease. Could we just adjust our withholding to get a larger refund? I'm worried about the potential impact, but I understand if she ages out and that's just how it works.

Don't forget to look into college financial aid too! When my daughter started college, we discovered that how we claimed her on taxes affected her FAFSA application. Sometimes the tax benefits vs. financial aid benefits can be a tradeoff.

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This is so important! My sister-in-law claimed my niece on taxes to get a slightly bigger refund, but it reduced her financial aid package by over $4,000! Definitely check with the college financial aid office before deciding.

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I'm going through this exact transition right now with my oldest! One thing that really helped me plan was creating a simple spreadsheet to compare the financial impact year by year. For 2024 taxes (filed in 2025): You'll still get the full Child Tax Credit since she's 17 at year-end. For 2025 taxes (filed in 2026): No more Child Tax Credit, but if she's in college full-time, you can still claim her as a dependent AND potentially get the American Opportunity Tax Credit (up to $2,500 for the first 4 years of college). The key thing is that "providing more than half her support" - keep track of what you spend on her (tuition, room/board, food, medical, etc.) vs. any income she earns. As long as your support exceeds 50% of her total support for the year, you can claim her. Also, don't forget that claiming her as a dependent might affect her eligibility for certain financial aid, so definitely talk to the college financial aid office before making decisions. Sometimes it's better for the student to file independently depending on the aid packages available. The transition definitely stings financially, but the education credits can help bridge some of that gap if she goes to college!

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How are Estimated Payment Vouchers for quarterly tax payments calculated for 2025?

I started working for myself this year and I'm trying to understand this quarterly tax payment thing. Just got some estimated payment vouchers in the mail but I'm super confused about how the IRS came up with these amounts. Is it based on last year's income or what? I've never had to make these quarterly payments before and the amounts seem kinda high. Are these just suggestions or am I required to pay exactly what's on the voucher? Any help would be appreciated cuz this is all new territory for me.

One trick I learned is that the IRS doesn't require equal payments for estimated taxes if your income is seasonal or irregular. Use Form 2210 Schedule AI (Annualized Income) to calculate different payment amounts for each quarter based on when you actually earn the income. Huge help for my lawn care business where I make 80% of my money in summer months!

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Just wanted to add something that really helped me when I first started dealing with estimated taxes - you can actually make your payments online through EFTPS (Electronic Federal Tax Payment System) instead of mailing those paper vouchers. It's free to set up and you can schedule payments in advance, which is super helpful for budgeting. Also, if you're really unsure about your amounts, consider the "safe harbor" rule: if you pay 100% of last year's tax liability (110% if your AGI was over $150,000), you won't owe any underpayment penalties even if you end up owing more at tax time. It might mean a bigger refund, but it gives you peace of mind while you're learning the ropes of self-employment taxes. One last tip - keep detailed records of your business income and expenses throughout the year. This makes it so much easier to adjust your quarterly payments if your income changes significantly from what you initially projected.

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