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Does anyone know if this same principle applies to S-Corp K-1s as well? My situation is similar but with an S-Corp that develops software and licenses it. The royalties are reported separately from business income on my K-1, but the software was developed as part of the company's normal business. Wondering if the same Treasury Regulation would apply?
Yes, the same principle applies to S-Corps. Treasury Regulation 1.469-2T(c)(3)(iii)(B) doesn't distinguish between partnerships and S-Corps in this context. If the S-Corp created the software as part of its ordinary business and you were already a shareholder when it was developed, those royalties should be characterized the same as other business income from the S-Corp.
This is a great discussion on a complex area of tax law! I wanted to add one practical consideration that might help others in similar situations. When dealing with partnerships that are reluctant to amend K-1s (which seems common based on the comments here), it's worth getting any conversations with the partnership's accountant in writing. If they verbally acknowledge that the patents were developed in the ordinary course of business after investment, ask them to confirm that in an email. This documentation becomes crucial if you need to file Form 8082 or if the IRS questions your position later. I've seen cases where partnership accountants give verbal guidance but then claim they never said it when push comes to shove. Also, for anyone considering the Form 8082 route - make sure you're confident in your position before filing. While it doesn't automatically trigger an audit, it does create a paper trail that could lead to scrutiny down the road. The key is having solid documentation supporting why the royalties should be characterized as business income rather than portfolio income. The Treasury Regulation cited throughout this thread (1.469-2T(c)(3)(iii)(B)) is definitely the right starting point, but each situation is fact-specific based on when the IP was developed and under what circumstances.
My advice - just hire a CPA who specializes in trusts and estates. I went through this exact situation last year with my mom's estate and my sister being difficult about sending documents. I brought what info I had to a CPA, and they handled everything, including reaching out to the trust's accountant directly. Worth every penny for the stress reduction alone.
I'm dealing with a similar trust situation right now and wanted to share what I learned from my tax attorney. Even if you're trying to avoid your brother, you still have legal rights as a beneficiary to receive copies of all trust documents, including K-1s. You can send a formal written request (certified mail) directly to the trust's attorney or accountant - they're required to provide you with the documents regardless of any family drama. This way you bypass your brother entirely while still getting what you need to file correctly. The trust's legal and accounting professionals have a fiduciary duty to all beneficiaries, not just the trustee. It might cost a small copying fee, but it's much better than risking IRS penalties or having to deal with family conflict.
This is really helpful advice! I didn't realize beneficiaries had those kinds of legal rights. Do you know if this applies even if the trust document itself doesn't explicitly mention providing copies to beneficiaries? My situation is complicated because I'm not sure what the original trust language says about beneficiary rights, and obviously I can't ask my brother without opening that can of worms.
Has anyone dealt with Canadian RRSP accounts when making the first-year choice? I've heard there's a special form you need to file to avoid the US taxing these accounts as regular investment income.
I went through this exact same situation when I moved from Toronto to Austin in September 2024! The first-year choice election was definitely the way to go - it saved us thousands compared to filing as non-residents. A few things to keep in mind that I learned the hard way: Make sure you calculate the 31 consecutive days and 75% presence test carefully. Since you arrived in August, you should easily meet this. Also, don't forget that making this election means you'll be considered US residents from January 1, 2024 forward for tax purposes, so you'll need to report ALL worldwide income including your Canadian employment from early in the year. The foreign tax credit on Form 1116 will help offset the Canadian taxes you already paid, but gather all your Canadian tax documents (T4s, Notice of Assessment, etc.) because you'll need them. One tip: if you had any Canadian investment accounts (TFSAs, RRSPs, etc.), there are additional forms and elections to consider. The US-Canada tax treaty has some helpful provisions but you need to be proactive about making the right elections. Filing jointly with the full standard deduction made a huge difference for us compared to the non-resident alternative. Definitely worth consulting with someone who knows cross-border tax if you have a complex situation, but the first-year choice sounds perfect for your circumstances.
Quick question for anyone who has dealt with this - if I fix an HSA over-contribution this year for last year's taxes, how does it affect this year's HSA contribution limit? Can I still contribute the full amount for this year or do I need to reduce it somehow?
I've been through this exact situation! Made the same mistake on my sister's return where I entered the full family HSA contribution limit without realizing she only had family coverage for 8 months of the year. Here's what we did to fix it: First, we calculated her correct prorated limit (8/12 Ć $7,750 = $5,167 for 2023). Then we contacted her HSA administrator to request a "return of excess contributions" for the difference plus any earnings on that amount. The key thing is to act fast even though you're past the penalty-free deadline. Yes, she'll likely owe the 6% excise tax on Form 5329 for 2023 (and potentially 2024 if it hasn't been corrected yet), but removing the excess now prevents future years of penalties. We filed Form 1040X with the corrected Form 8889 showing the proper contribution amount. The HSA administrator sent a 1099-SA for the returned excess, which we had to report carefully to avoid double taxation. Don't beat yourself up too much - HSA contribution limits with partial year coverage are tricky and this mistake is more common than you'd think. Your friend will be fine once you get it sorted out!
Norah Quay
Something everyone's forgetting to mention - if your inventory levels are consistently increasing (buying more than you're selling each year), you might benefit from the cash method of accounting instead of accrual, depending on your business size. With cash accounting, you generally deduct expenses when paid rather than when the sale happens. There are some restrictions, but if you qualify, it could help with your cash flow situation in the short term. Definitely something to look into if you're struggling with increasing inventory and debt.
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Owen Devar
ā¢Would the cash method work for my situation? I do keep buying more inventory than I sell, which is part of my problem. My accountant mentioned something about "section 471" but didn't really explain it. Are there size limits to using cash accounting?
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Norah Quay
ā¢For your situation, cash method might indeed be helpful since you're accumulating inventory. The Tax Cuts and Jobs Act expanded the availability of cash accounting for small businesses. Generally, if your average annual gross receipts are under $27 million for the past three years, you can likely use the cash method regardless of inventory. Section 471(c) is exactly what your accountant was referencing - it allows certain small businesses to use accounting methods that either treat inventory as non-incidental materials and supplies or conform to your financial accounting treatment. This could potentially let you deduct inventory costs when paid rather than when sold. I'd recommend discussing these specific options with your accountant as it could significantly impact your cash flow and tax situation.
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Leo McDonald
question - does anyone know if quickbooks handles all this amortization and inventory stuff automatically? im using the basic version and have no idea if im doing this right.
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Jessica Nolan
ā¢I use QuickBooks Online for my small retail business. The basic version doesn't automatically handle inventory accounting properly - you need QuickBooks Online Plus or higher to get the inventory management features. Even then, you need to set it up correctly to track COGS vs inventory assets. Definitely worth upgrading if you're selling physical products.
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Molly Chambers
ā¢@Jessica Nolan is right about needing the Plus version for proper inventory tracking. But even with the right version, you ll'still need to understand the basics of what @Daniel Rivera explained earlier about COGS vs inventory assets. QuickBooks can track it, but it won t automatically'know when to write down obsolete inventory or handle some of the more complex situations @Owen Devar is dealing with. The software is only as good as the setup and the person using it. I d recommend getting'the Plus version but also making sure you understand the accounting principles behind it.
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