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Anyone know if this is different in different states? We formed our real estate LLC in Texas and our accountant handles the capital accounts completely differently than what people are suggesting here.
This is a really complex area that trips up a lot of new LLC partners! Just went through something similar with my business partner last year. The key thing to understand is that when you contribute property with a mortgage to an LLC, you're essentially contributing your equity (property value minus mortgage balance) as your capital contribution. When the LLC makes mortgage payments, the principal portion is actually increasing your basis in the LLC because you're being relieved of personal debt. Here's what I learned from our tax attorney: Keep detailed records separating principal vs interest payments. The principal payments don't reduce your capital account - they actually increase your tax basis in the LLC. The interest is just a business expense. For the 50/50 split to work fairly, you'll need to account for these uneven contributions somehow. Either your partner needs to contribute equivalent value through rehab costs, or you'll need to true up the difference when you sell the property and distribute proceeds. Definitely recommend getting a CPA who specializes in real estate partnerships to review your operating agreement. The tax implications can get messy if not structured properly from the start.
This is really helpful! I'm new to real estate investing and considering partnering with someone who already owns a rental property. Your point about getting the operating agreement reviewed upfront makes a lot of sense - sounds like trying to fix these issues after the fact would be a nightmare. Quick question though - when you say the principal payments increase tax basis, does that mean the person who contributed the property gets a bigger tax advantage when the LLC eventually sells? Trying to understand if this creates any unfair tax benefits between partners.
I was in your exact situation last month. Found my DD date on the Account Transcript under code 846, but it wasn't there initially. My transcript first showed codes 570 and 971, then updated a week later with the 846 code. Have you checked if you have any 570/971 codes on your transcript? Those usually indicate there's some verification happening before they set your deposit date.
Just wanted to add something that might help - if you're checking your transcript and don't see code 846 yet, don't panic! The IRS typically processes refunds in the order they were received, but there can be delays if your return needs additional review. I had to wait almost 3 weeks after my return was accepted before seeing my DD date appear. Also, make sure you're checking the transcript for the correct tax year - I accidentally looked at my 2022 transcript when I needed 2023 and thought something was wrong. The "Where's My Refund" tool on the IRS website updates less frequently than transcripts, so the Account Transcript is definitely your best bet for the most current info about your refund status.
Don't forget about FBAR requirements if you're keeping that money in a foreign account! If you have more than $10,000 in foreign financial accounts at any time during the calendar year, you need to file an FBAR (FinCEN Form 114). The penalties for not filing are insane - up to $10,000 for non-willful violations and the greater of $100,000 or 50% of account balances for willful violations.
I'm not keeping anything in foreign accounts - all the wire transfers are coming directly to my US bank account. Does that mean I don't need to worry about FBAR? Also, does the bank automatically report these transfers to the IRS since they're international?
You're good on the FBAR front since you're not keeping money in foreign accounts. That only applies if you have financial accounts outside the US. Your bank is definitely filing reports on these international wire transfers though. Banks are required to file a Currency Transaction Report (CTR) for transactions over $10,000, but they also file Suspicious Activity Reports (SARs) for patterns of activity like multiple transfers just under reporting thresholds - exactly like what you're describing with regular $6,500-$9,500 transfers. The IRS can easily access these reports, so they'll know about this income whether you report it or not. Always better to report properly than risk an audit and penalties.
Make sure you're keeping good records of everything - the wire transfers, any communications with the buyer, and especially any shipping receipts. If you're shipping to their US warehouse, that's domestic shipping which is generally not deductible against your capital gains. But if you have any other expenses directly related to the sales (like special packaging materials), those might be deductible against your proceeds.
What tax form does this even go on? Is it Schedule C for business or something else since it's personal items?
A bit off topic, but make sure you're checking credentials before hiring a tax preparer in the future! I made the same mistake years ago. Always verify they have a PTIN (Preparer Tax Identification Number) at a minimum, and ideally look for an EA (Enrolled Agent), CPA, or tax attorney. Random storefront tax places can be sketchy. I now check the IRS directory of preparers before hiring anyone: https://irs.treasury.gov/rpo/rpo.jsf
Thank you, that's really good advice. I honestly didn't think to check credentials - the preparer was recommended by a coworker and had a professional-looking office. Do EAs and CPAs have some kind of verification I can check? And is there any way to see if a preparer has had complaints filed against them before I hire them?
Yes, you can verify CPAs through your state's board of accountancy - each state maintains a database where you can look up if someone is currently licensed and if they've had any disciplinary actions. For EAs, you can verify through the IRS Return Preparer Office or check the National Association of Enrolled Agents website. Unfortunately, there's no public database of complaints against preparers specifically. However, you can check the Better Business Bureau for any reported issues, and do a general search of their name plus "complaints" or "reviews." Also ask for references from long-term clients, and be wary if they're reluctant to provide them. A legitimate professional should have clients who've been with them for years and are happy to vouch for them.
A word of caution from personal experience - when you file that amended return, make sure you pay any additional tax ASAP. Interest keeps accumulating from the original due date of the return, not from when you discover the problem. I reported my preparer last year and ended up owing about $3,800 in additional taxes, plus almost $450 in interest because I waited a few months to actually pay after filing the 1040-X.
This is good advice. Does the IRS ever waive the interest in cases like this where the taxpayer didn't know about the fraud? Seems unfair to charge interest when it wasn't your fault.
Unfortunately, the IRS rarely waives interest even in fraud cases where the taxpayer was a victim. Interest is considered compensation for the government not having the money when it was due, regardless of the reason for the delay. However, there are some limited situations where they might consider "reasonable cause" for penalty relief - though this typically applies to penalties, not interest. Your best bet is to document everything thoroughly when you file your amended return and complaint forms. Include a detailed timeline showing when you discovered the fraud and how quickly you took action to correct it. While you'll likely still owe the interest, having good documentation helps ensure you avoid additional penalties for negligence or substantial understatement of tax. The IRS is generally more lenient with victims who report fraud promptly and cooperate fully with the investigation.
Danielle Campbell
I had the EXACT same issue! Is there anywhere to get the official red ink forms in person? My local office supply stores don't seem to carry them and online ordering says 7-10 business days shipping which puts me past the deadline :
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Rhett Bowman
β’Don't bother with the paper forms! Just use the SSA's free online filing system (Business Services Online). I was freaking out about the same thing last year and then realized I could just submit everything electronically. Took me like 20 minutes total once I created an account. So much easier than dealing with the paper forms!
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Chloe Mitchell
I went through this exact headache last year with my housekeeper's W-2/W-3 forms! The SSA definitely won't accept handwritten forms - learned that the hard way when they sent everything back to me. Here's what saved me: Skip trying to find the official paper forms entirely and go straight to the SSA's Business Services Online portal. It's completely free and you can file everything electronically. You'll need your EIN (not your SSN) to register, but once you're set up, you can enter all the W-2 information directly into their system and submit it immediately. The electronic filing actually counts as providing the "official" forms to both the SSA and your babysitter. You can print copies of what you submitted for your records and for her to use with her taxes. I was worried about penalties too, but filing electronically as soon as possible is way better than continuing to struggle with paper forms that might get rejected again. The whole process took me maybe 30 minutes once I stopped trying to deal with the paper forms. Much less stressful than I expected!
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