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Has anyone here dealt with this situation where one of the partners is an S-Corp specifically? I'm concerned about the timing since S-Corps have different filing deadlines than partnerships.

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Amara Torres

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Yes, this can get tricky with the timing. When you amend the 1065 and issue a corrected K-1 to the S-Corp, they'll need to amend their 1120-S. If the S-Corp's tax year is different from the partnership's, it can affect which tax year of the S-Corp needs to be amended. Also remember that the statute of limitations could be an issue for tax year 2020. Generally, you have 3 years from the filing date to amend returns. For returns filed in 2021 for tax year 2020, you might be approaching that deadline.

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Sophia Russo

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One thing I'd add that hasn't been fully addressed - make sure you understand the potential for imputed underpayment assessments under BBA rules. Even though partnerships are pass-through entities, the IRS can assess and collect penalties at the partnership level for certain adjustments. When you file the 1065-X as your AAR, the IRS will review it and may propose an imputed underpayment based on the highest individual tax rate plus Net Investment Income Tax. The partnership can then make a "push out" election to have the adjustment flow through to the partners instead of being assessed at the partnership level. Given that you're dealing with an S-Corp partner, this could be particularly relevant since the ultimate shareholders might be in lower tax brackets than what the IRS would use for the imputed underpayment calculation. You'll want to consider whether to make the push-out election when filing the AAR or wait to see if the IRS proposes an assessment. Also, since you mentioned both partners agree on the correction, document that agreement well. It'll be helpful if the IRS has any questions about the adjustment during their review process.

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This is really helpful information about the imputed underpayment assessments! I had no idea the IRS could assess penalties at the partnership level even though it's a pass-through entity. That push-out election sounds like something we should definitely consider given the S-Corp structure. A couple of follow-up questions: How long do we typically have to make the push-out election after filing the AAR? And is there a specific form or procedure for documenting the partners' agreement on the correction, or would a simple written agreement between the partners be sufficient for IRS purposes? Also, when you mention the "highest individual tax rate plus NIIT," are we talking about the current rates or the rates that were in effect for 2020?

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Carmen Ortiz

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I waited until February 15th last year before filing because my PayPal 1099K came super late despite the January 31 deadline. Some companies just don't meet the deadline and there's basically no consequence for them. So frustrating!

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If you're worried about filing and then getting a form later, you could always file an extension. Gives you until October to file your actual return, though you still need to pay any taxes you estimate you owe by April 15.

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Ravi Kapoor

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Based on everything discussed here, it sounds like you're in good shape to file now without waiting. Since you made $780 through PayPal, you're well under the $5,000 threshold for 2024, so PayPal isn't required to send you a 1099-K anyway. The fact that you've already included all your PayPal income on Schedule C is exactly what you should be doing. You're legally required to report all income regardless of whether you receive tax forms for it, and it sounds like you've got detailed records which is the most important thing. I'd recommend going ahead and filing rather than waiting. If by some chance you did receive a 1099-K later (which seems unlikely given the threshold), it wouldn't create a problem since you've already reported more income than what would be on the form. The IRS is looking at your total reported income, not trying to match every individual transaction to a form. Getting your refund processed sooner is definitely a nice bonus for being organized with your record-keeping!

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Has anyone dealt with FIRPTA withholding for LLCs with foreign partners that own US real estate? We have the regular income withholding figured out, but now we're selling a property and I'm not sure how that interacts with all this.

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Zara Ahmed

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Yes, that's a whole separate withholding regime! For FIRPTA, you generally need to withhold 15% of the gross sales price when the LLC sells US real property if you have foreign partners. This is reported on Form 8288.

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Thanks for the info! So this would be in addition to any regular income withholding we're already doing through Form 8813? Does the foreign partner get any credit for these withholdings when they file their US tax return?

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Amara Nwosu

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I've been through this exact confusion with our LLC that has partners in the UK and Australia. The key insight that finally clicked for me is that these are different taxes on different things at different times. Section 1446 withholding (Form 8813) is on the foreign partner's SHARE of partnership income - you withhold this regardless of whether you actually distribute anything. Think of it as withholding on their "allocated" income. Section 1472 (FATCA) withholding is on actual PAYMENTS to foreign entities that haven't provided proper documentation. But here's the crucial part - if you're distributing profits that have already been subject to Section 1446 withholding, and your foreign partner has provided proper W-8 forms, you typically don't need to withhold again under FATCA. The double taxation concern you mentioned is valid - the IRS doesn't want to tax the same income twice. The confusion often comes from not distinguishing between "income allocation" (what triggers 1446) versus "actual distributions" (what might trigger 1472). For your Canadian and UK partners, make sure they provide W-8BEN or W-8BEN-E forms claiming treaty benefits. This documentation helps establish that distributions of previously taxed partnership income shouldn't be subject to additional withholding. I'd recommend documenting which distributions relate to income that's already been subject to 1446 withholding - this creates a clear paper trail showing you're not double-taxing.

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This is exactly the clarity I needed! Thank you for breaking down the difference between income allocation vs actual distributions. I think our confusion was coming from treating them as the same thing. Just to make sure I understand - if we've already done the Section 1446 withholding on our foreign partner's share of income through Form 8813, and they've provided the proper W-8 forms, then when we distribute those same profits later, we shouldn't need to withhold the additional 30% under FATCA? The documentation piece makes sense too. We should be able to trace which distributions correspond to income we've already withheld on. This would really help us avoid the double taxation issue I was worried about. Our partners are from Canada and the UK, so the tax treaties should definitely help here. I'll make sure we get the proper W-8 forms from them ASAP.

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Haley Stokes

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Check your bank statement carefully! Sometimes the bank takes processing fees too. My credit union charged me a $15 "transfer processing fee" for receiving my tax refund through direct deposit last year. It wasn't the tax preparer or the IRS, it was my own bank!

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I didn't even think to check that! Would my bank be allowed to charge me without telling me first? Should I call them or go in person to ask about this?

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Haley Stokes

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Yes, banks can definitely charge fees for processing certain types of deposits, including tax refunds - especially those coming through third-party processors like SBTPG. These fees are usually disclosed in your account terms and conditions, but most people never read those. I'd recommend calling your bank's customer service line first. Have your account statement ready so you can reference the specific deposit transaction. Ask them directly if any fees were applied to your tax refund deposit. If you're not satisfied with their answer over the phone, then consider visiting in person and asking to speak with a manager who can provide documentation of any fees charged.

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Asher Levin

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Similar thing happened to me but mine was actually a tax offset due to a really old unpaid parking ticket I forgot about from like 6 years ago!! The city reported it to the treasury offset program. The IRS should have sent you a letter explaining why your refund was different than expected.

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Serene Snow

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How do parking tickets even get reported to the IRS? That's crazy. I've got a couple unpaid ones from when I was visiting Chicago last year. Should I be worried about my refund too?

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Andre Dupont

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Not all parking tickets get reported to the Treasury Offset Program, but some cities and counties do participate. It usually has to be a significant amount or have gone through collections first. Chicago does participate in the program, so if your tickets have been sent to collections and you owe more than a certain threshold (I think it's around $25-50), they could potentially offset your federal refund. You should check the city's website or call their parking violations bureau to see if your tickets are eligible for federal offset. Better to pay them now than lose part of your refund later!

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Amina Sy

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Is anyone else finding the IRS ITIN renewal process totally baffling in 2025??? Their website keeps giving me error messages when trying to check my ITIN status. And the PDF of Form W-7 won't even download properly on my phone. This whole system feels designed to be impossible to navigate.

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Try using a computer instead of your phone for government websites - they're notoriously bad on mobile. The IRS site was actually updated last month and works better now. Form W-7 is here: https://www.irs.gov/pub/irs-pdf/fw7.pdf

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LunarEclipse

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Just went through this exact same process last month for my green card application! A few things that might help: First, make sure you're clear on which type of Tax ID you have. If it's an ITIN and you haven't filed taxes with it in 3+ years, it's likely expired and you'll need Form W-7 to renew. If it's an EIN for a business, those don't expire. For the renewal, you'll definitely want to get your tax compliance sorted out first - USCIS really scrutinizes tax history during the naturalization process. I had to get transcripts going back 5 years to prove I was current on all filings. One tip: if you're in a time crunch, consider visiting an IRS Taxpayer Assistance Center in person rather than mailing everything. They can verify your documents on the spot and it tends to be faster than the mail process. You can schedule an appointment on the IRS website. Good luck with your citizenship application - having all the tax documentation properly organized will definitely help your case!

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Carmen Ortiz

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This is really helpful, thank you! I'm actually in the same boat with my naturalization process coming up. Quick question - when you got your tax transcripts, did you request them online or had to go in person? I've heard the online system can be finicky for ITIN holders. Also, did USCIS ask for anything specific beyond just proving you filed, or did they want to see actual payment records too?

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