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What's the best way to handle shared rental income on a 50/50 property?

I inherited a rental property with my sister that we own 50/50. She actually lives in the main part of the house and rents out an extra bedroom to a tenant. The tenant pays through a rental platform (like Airbnb/VRBO type thing), but we've hit a snag because the platform will only issue ONE 1099-K in a single person's name. They won't split it between us. The tenant's rent payments go into our joint bank account which we use for all the property expenses, repairs, taxes, etc. When I contacted the platform about splitting the income, they basically said: >We are aware that many business partners will share access to a bank and the income provided. However, a bank account cannot be shared among multiple entities in our system. Because of this, you would need to pick one of the individuals to assign as the tax entity through our system. The 1099-K would be sent to the individual selected, but that doesn't mean the earnings on the 1099-K are the sole responsibility of the individual chosen. I asked a tax person for advice, and they suggested forming an official partnership, putting that as the entity on the platform, filing a partnership tax return, and then issuing K-1 forms (Form 1065) to each of us every year. But I found this IRS statement that makes me question if we actually need a partnership: >"the mere coownership of property that is maintained, kept in repair, and rented or leased does not constitute a separate entity for federal tax purposes" Is there an easier way to just split this 50/50 on our Schedule Es without forming a partnership? We literally just share ownership, collect rent, and pay expenses - we don't provide any other services.

Nia Williams

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Has anyone tried creating an informal entity like "Smith Family Rentals" and using that on the platform instead? Our accountant suggested that approach for our vacation rental, and the platform accepted it even though it's not an actual legal entity. Then we just split everything 50/50 on our individual returns with explanation statements.

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Luca Ricci

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That could potentially create more problems than it solves. Using a name that implies a business entity when there isn't one legally established could cause confusion during an audit. The IRS might question if you should have been filing as a partnership if you're presenting yourselves as a business entity to other parties.

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NightOwl42

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I'm dealing with almost the exact same situation! My spouse and I co-own a rental property that we inherited, and we've been getting conflicting advice about whether we need to form a partnership or can just handle it as co-owners. From what I've researched, the IRS Publication 541 specifically addresses this. It states that "a joint undertaking merely to share expenses does not create a partnership." Since you're just collecting rent and sharing expenses (not providing substantial services like property management beyond basic maintenance), you should qualify for simple co-ownership treatment. The approach that @MoonlightSonata described sounds solid - having one person report the full 1099-K income then deducting the co-owner's share as an expense. This way the numbers match exactly what the IRS receives from the platform, but each owner only pays tax on their actual share. One thing to consider: make sure you keep detailed records of how expenses are split and document your ownership agreement somewhere (even if it's just an informal written agreement between you and your sister). This will be helpful if the IRS ever has questions about the arrangement. Have you considered asking the rental platform if they can at least put both names on the account, even if the 1099-K can only go to one person? That might help establish the co-ownership paper trail.

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Adaline Wong

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Did you file married filing jointly? Sometimes if you're the secondary person on the return it goes to the primary person's account only.

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Nope, filed as single so that's definitely not the issue.

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Daniel Price

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I'm going through the exact same thing with Commerce Bank! My transcript shows refund sent on May 8th and still nothing in my account. Called Commerce twice and they keep saying no pending deposits, but based on what everyone's saying here it sounds like we just need to wait a few more business days. The timing with weekends really throws everything off. I'm trying not to panic but when you're counting on that money it's so stressful. Let me know if yours shows up - I'll do the same!

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Ayla Kumar

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I had a similar issue last year and found out those numbers were just informational. BUT if you live in certain states (CA, MA, NJ, RI, or DC), they still have their own individual mandate penalties! I got hit with a $695 penalty in Massachusetts because I didn't realize this.

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You can actually apply for a hardship exemption in MA if the lowest-cost plan available to you was still unaffordable based on your income. Worth looking into if you're in that situation - saved me from paying the penalty last year.

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As someone who just went through this exact confusion with my first 1095-C form, I wanted to share what I learned after doing a deep dive into this. The dollar amounts you're seeing (like that $267.50) are NOT penalties or amounts you owe - they're just reporting what you would have paid monthly for the cheapest qualifying health plan your employer offered. The key thing to understand is that even though there's no federal penalty anymore, your 1095-C still serves an important purpose. If those monthly amounts add up to more than 9.12% of your annual household income, your employer's coverage is considered "unaffordable" under ACA rules. This is actually good news for you because it means you could potentially qualify for premium tax credits if you choose to buy coverage through Healthcare.gov instead during the next open enrollment. You definitely want to have that conversation with HR to confirm the actual costs, but don't stress about owing money right now - you're not in trouble with the IRS over this!

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Omar Hassan

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I'm in the same boat! Just realized my PayPal hit about $2500 from selling old furniture and electronics. Quick question - what tax software are people using that handles 1099-K from personal sales well? I tried using FreeTaxUSA last year and it kept treating all my sales as business income.

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I had good luck with TurboTax Premier. It has a specific section for handling 1099-K from casual personal sales vs business. A bit pricey but worth it for this situation.

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Aisha Khan

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I was in a very similar situation last year and want to share what I learned from my tax preparer. The key thing to understand is that the 1099-K is just an information document - it tells the IRS that you received payments, but it doesn't automatically mean all of that money is taxable income. For personal items sold at a loss (which is most household goods), you'll want to: 1. Keep a simple spreadsheet listing each item sold, what you estimate you originally paid, and what you sold it for 2. Report the 1099-K income on Schedule 1, Line 8z "Other Income" 3. Then subtract your cost basis (what you originally paid) right below it as a negative adjustment The IRS knows that people don't keep receipts for personal purchases from years ago. They accept reasonable estimates based on what similar items would have cost when new. Just be honest and conservative in your estimates. For your situation where you received $2,700 but estimate you originally paid $8,000, you'd show the $2,700 as income and then subtract $8,000 as cost basis, resulting in no additional tax owed since you sold everything at a loss. The important thing is to address the 1099-K on your return rather than ignoring it, since the IRS has a copy too.

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Ava Williams

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This is really helpful, thank you! I'm curious about the "reasonable estimates" part - is there any guidance on how to estimate what you paid for items years ago? I'm worried about being too high or too low with my estimates and triggering questions from the IRS. Should I try to find similar items online to see what they would have cost back then, or is there a simpler approach?

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If ur doing this yourself, the actual calculation is pretty simple. The employer contribution is a business expense that reduces ur net income. So if ur in the 24% bracket, a $10k contribution saves u $2,400 in federal taxes plus whatever state tax u have. Just make sure u follow the limits - employer contribution can't exceed 25% of compensation for an S-corp. So with $62k salary, ur max employer contribution would be $15,500, plus ur employee contribution. Hopefully that helps!

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Jason Brewer

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This is exactly the kind of question I was wrestling with when I first elected S-corp status for my LLC! The key thing to understand is that employer contributions to your solo 401k are treated as a business deduction, which reduces your S-corp's net income before it flows through to your personal K-1. So in your case, that $10k employer contribution would reduce your business profit from $98k to $88k for tax purposes. This means you'll save taxes at your marginal rate on that $10k - so if you're in the 24% bracket, that's $2,400 in federal tax savings, plus any state tax savings. One thing to double-check: with your $62k salary, your maximum employer contribution would be 25% of that, which is $15,500. So your planned $10k contribution is well within limits. The employer contribution is definitely more tax-efficient than taking it as a distribution since it reduces your taxable income entirely, whereas a distribution would still be taxable income (though not subject to self-employment tax thanks to your S-corp election). I'd recommend running the numbers both ways - with and without the contribution - to see the exact impact on your tax situation. It's usually a no-brainer from a tax perspective!

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Andre Moreau

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This is really helpful, thanks! I'm just starting to understand S-corp taxation myself. Quick question - when you say the employer contribution reduces the business profit before it flows to the K-1, does this happen automatically when I make the contribution, or do I need to specifically categorize it as a business expense on my books? I want to make sure I'm handling the accounting side correctly so there are no issues come tax time.

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