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I'm confused about one thing - if the apartment is outside the US, don't you have to report it on FBAR and Form 8938 regardless of whether it's rental or personal? My accountant told me all foreign properties need to be disclosed even if they don't generate income.
Foreign property itself isn't reportable on FBAR or 8938 - those forms are for foreign financial accounts and assets. You'd only report the foreign bank account used to receive rental income or pay expenses. The property itself is reported on Schedule E if it's a rental or not at all if it's personal. The foreign rental income would be reported on your tax return regardless of whether it's held in a foreign account or not. But the FBAR/8938 reporting is about the accounts, not the property.
That's actually a good point I hadn't considered. I do have a foreign bank account I use for collecting the maintenance fees and paying property expenses. I'll need to make sure I'm reporting that correctly. Thanks for bringing this up!
This is a really complex situation that highlights how confusing tax software can be with edge cases. You're absolutely right that TurboTax should have caught this - when you entered "0" for both fair rental days and personal use days, that's mathematically impossible since the property exists somewhere for 365 days. Based on what others have explained here, it sounds like you need to go back and correct your filing. You should enter 365 days for personal use (since below-market rentals to friends/family are considered personal use), which would take you out of the Schedule E rental property track entirely. The good news is that if your maintenance fees are less than your property taxes, you likely don't need to report any income at all. But you should definitely get professional help or use one of the tools mentioned here to make sure you're handling the foreign aspects correctly - there are additional considerations for foreign properties that go beyond just the rental vs. personal determination. Don't feel bad about the confusion - this is one of those areas where the tax code is genuinely unclear and even tax professionals sometimes get it wrong!
This is such a helpful summary of everything discussed here! I'm definitely going to need to amend my return. One question though - when I go back to correct this in TurboTax, should I completely start over with the rental property section, or is there a way to edit it to change from 0/0 days to 365 personal use days? I'm worried about messing up other parts of my return if I have to delete and restart that whole section. Also, does anyone know if there are penalties for having filed this incorrectly initially? I'm not trying to avoid taxes - I actually reported a loss that I apparently shouldn't have been able to claim anyway. Just want to make sure I handle the correction properly.
I'm going through this exact same situation right now - just did my ID verification last week and got the same 9-week timeline. Reading through everyone's experiences here is both reassuring and nerve-wracking! It sounds like there's a pretty wide range of actual wait times. I'm going to try setting up that IRS account to check my transcript like others mentioned, and maybe look into that taxr.ai thing since trying to decode all those IRS codes myself sounds like a nightmare. Thanks to everyone sharing their experiences - it really helps to know I'm not alone in this frustrating process!
Welcome to the waiting game club! š I just went through this whole process a few months back and I know exactly how you're feeling. The uncertainty is honestly the worst part. Based on what I've seen here and my own experience, it really does seem to vary wildly - some people get lucky with 4-6 weeks while others wait the full 9+ weeks. Setting up that IRS account is definitely worth it, though fair warning their website can be finicky. If you do try taxr.ai like others mentioned, I'd be curious to hear how it works out since I'm always looking for better ways to make sense of IRS communication. One thing that helped me was trying not to check daily since it just made the anxiety worse. Hang in there - at least you've cleared the biggest hurdle with the in-person verification!
I just went through ID verification myself about 2 months ago and can share my experience. They told me the same 9-week timeline, but I actually got my refund in 7 weeks. What really helped was checking my transcript weekly (not daily - that just drove me crazy) and watching for specific codes. The key ones to look for are: 971 code (which shows they received your ID verification), then eventually the 846 code (refund issued). My transcript didn't move for like 4 weeks straight after verification, then suddenly everything updated at once. The waiting is absolutely brutal when you're counting on that money, but from what I've seen most people do get it within that 9-week window or sooner. One tip: if you haven't already, make sure your direct deposit info is correct - that'll save you an extra week or two versus waiting for a paper check. Hang in there!
Thanks for sharing your timeline Miguel! That's really helpful to know about the specific codes to watch for. I'm pretty new to all this tax stuff and didn't even know about transcripts until reading this thread. The 971 and 846 codes you mentioned - do those show up in a specific order or can they appear at the same time? Also wondering if the "transcript didn't move for 4 weeks" thing is normal or if that usually means there's an issue. I'm trying to set realistic expectations for myself since I'm definitely one of those people who would obsessively check daily if I'm not careful!
You're absolutely right to question this situation. Generally speaking, you should only need to file state tax returns in states where the partnership actually conducts business activities or owns income-producing property. The fact that a general partner resides in NY or NJ typically doesn't create a filing obligation for you as a limited partner. However, that $157 showing up on your NY K-1 is concerning and definitely needs clarification. Even small amounts can potentially trigger filing requirements in some states, and New York is particularly aggressive about non-resident taxation. I'd recommend getting written documentation from the general partner explaining exactly what that $157 represents and whether it constitutes NY-source income. If they're telling you to ignore the forms, they should be able to provide you with a clear explanation of why those amounts don't create filing obligations for the limited partners. Don't just take their word for it - ask for specifics about the nature of that income allocation and get their advice in writing for your records.
This is excellent advice! I've been following this thread as someone new to partnership investments, and the point about getting written documentation is crucial. I learned the hard way with other tax situations that verbal assurances from business partners don't hold up well if you ever face an audit or penalty situation. Drew's suggestion to ask specifically what that $157 represents is spot on. Even if it's a small amount, understanding the source could help determine if it's truly NY-source income or just some kind of administrative allocation error. Some partnerships do weird things with their accounting that create phantom income allocations to states where no real business activity occurred. Thanks for sharing your expertise on this - it's helping me understand what questions I should be asking about my own K-1s!
As someone who's dealt with similar multi-state partnership issues, I'd strongly recommend being very cautious about ignoring any state K-1s that show actual dollar amounts, especially that $157 on your NY form. New York has some of the most aggressive non-resident tax enforcement in the country. Here's what I'd suggest: First, contact the partnership's tax preparer directly (not just the GP) and ask them to explain exactly what generated that $157 allocation to NY. Sometimes it could be something like a small bank account earning interest in NY, or a portion of management fees allocated to a NY-based service provider. Second, consider the cost-benefit analysis. Filing a simple non-resident return in NY for $157 of income would likely result in minimal or zero tax owed, but it establishes a clear record of compliance. The penalty risk of not filing (if you actually should have) could far exceed the cost of just filing the return. I learned this lesson the expensive way when I ignored what I thought was an "informational only" K-1 from Pennsylvania. Two years later, I got hit with penalties that cost way more than just filing the return would have. When in doubt, err on the side of caution with state tax obligations - especially with New York!
This is really helpful perspective, especially coming from someone who learned the hard way! Your point about contacting the partnership's tax preparer directly is brilliant - they would have the most detailed knowledge about how those state allocations were actually calculated. I'm curious about your Pennsylvania situation - was it a similar case where you received a K-1 with a small amount and assumed it was informational? What kind of penalties did you end up facing? This would help me understand the real risks of getting this wrong. Your cost-benefit analysis approach makes a lot of sense too. Even if filing the NY return costs a few hundred dollars in prep fees, that's probably much less than potential penalties plus interest if NY decides I should have filed.
Anyone used UFile or similar cheaper software for a multi-member LLC? I'm in the same situation (like $1500 total activity for the year) and TurboTax Business seems like overkill at that price.
I used FreeTaxUSA for our small 2-person LLC last year. It was around $90 for federal and state partnership returns, which was way cheaper than TurboTax Business. The interface isn't as pretty but it got the job done with our 10-ish transactions. They have decent online help too.
I was in almost the exact same situation last year - multi-member LLC with my business partner, minimal activity (around $600 revenue, $900 expenses), and got quoted ridiculous amounts by CPAs for what seemed like simple filing. Here's what I learned: Yes, you absolutely must file Form 1065 even with minimal activity or losses. The penalty for not filing is $210 per partner per month, so with two partners you're looking at $420/month in penalties - way more than just getting it done right. I ended up using FreeTaxUSA Business for about $90 total (federal + state) instead of the $300+ TurboTax Business wanted. The interface isn't fancy but for simple partnerships like ours, it walks you through everything step by step. You'll need to create K-1s for both partners showing your share of the loss, which you'll then report on your personal returns. Pro tip: Make sure you understand your ownership percentages and how you're splitting profits/losses before you start. That's really the only "complicated" part for simple LLCs like yours. The actual data entry is straightforward when you only have a handful of transactions. Don't let the forms intimidate you - with your level of activity, this is totally doable yourself and will save you over $800 compared to those CPA quotes!
This is super helpful, thank you! I'm in a similar boat with my LLC and was getting overwhelmed by all the conflicting advice. Quick question - when you say "understand your ownership percentages," did you and your partner have to formally document how you split things, or is it just based on what you contributed initially? We never really wrote anything formal down about our 50/50 split and I'm worried that might cause issues when filing. Also, did FreeTaxUSA handle the state requirements automatically or did you have to research what your state needed separately?
Yuki Sato
whatever you do, DO NOT just ignore this!!! i did that one year thinking "oh ill deal with it later" and the penalties just kept adding up. ended up owing almost double by the time i finally dealt with it. the irs doesn't play around with this stuff.
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Carmen Ruiz
ā¢Same! I ignored a $600 tax bill and two years later it was over $1000 with all the penalties and interest. Learned my lesson the hard way.
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Diego Mendoza
ā¢Thank you for the warning! I'm definitely planning to take care of this right away. I've been checking out the IRS website today to figure out the best way to pay. Just needed to know where to look for my current balance. I definitely don't want to let this keep growing with penalties!
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Zainab Yusuf
Just wanted to add that if you're having trouble accessing your online account on IRS.gov (sometimes the identity verification process can be tricky), you can also call the automated phone line at 1-800-829-1040. It's available 24/7 and you can get your current balance by entering your SSN and some basic info - no waiting on hold for a human agent. Also, since you mentioned this is your first time owing taxes, make sure to consider making estimated quarterly payments for next year if your withholding situation hasn't changed. This will help you avoid being in the same spot again. The IRS has worksheets and calculators on their website to help figure out how much to pay each quarter. Good luck getting it sorted out! The important thing is you're taking action now rather than letting it sit.
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Cynthia Love
ā¢This is really helpful advice! I didn't know about the automated phone line - that sounds way easier than trying to set up an online account right now when I just need to check my balance quickly. And you're absolutely right about the quarterly payments. I had no idea I was supposed to do that with my new job. I'll definitely look into those worksheets once I get this current mess sorted out. Thanks for taking the time to explain all this!
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