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Just to add a data point - I did something similar last year and it took the IRS about 4 months to process both the 1040X and the 1065. Make sure your client understands the timeline and that they might get confusing notices in the meantime since the systems don't automatically connect the amendment to the new filing.
This is a complex situation that requires careful handling! A few additional considerations beyond what others have mentioned: 1. **EIN requirement**: The partnership will need its own EIN if it doesn't have one already. This should be obtained before filing the 1065. 2. **Partnership agreement**: Even though not required by law, having a written partnership agreement is crucial for determining profit/loss allocations, especially if it's not 50/50. Without one, the IRS assumes equal partnership interests. 3. **State filings**: Don't forget about state-level amendments! Most states will require their own partnership return and individual amendments. 4. **Self-employment tax**: Make sure you understand how SE tax changes. Partners in a partnership are still subject to SE tax on their distributive share, but the calculation method differs from Schedule C. 5. **Books and records**: The partnership needs to maintain separate books and records going forward, which is different from sole proprietorship record-keeping. I'd strongly recommend getting professional help for this conversion given the complexity and potential penalties involved. The IRS tends to scrutinize these types of corrections more closely.
This is really helpful - especially the point about state filings! I'm dealing with a similar situation in California and completely forgot that I'd need to file state amendments too. Do you know if states typically have their own version of Form 1065X, or do they just follow the federal process? Also, regarding the partnership agreement - if the partners don't have one in writing, can they still specify unequal profit sharing on the K-1s, or does the IRS automatically default to 50/50 regardless of what actually happened?
I work at a CPA office and we see this all the time with class action settlements. Here's a simple explanation: 1. Box 10 on the 1099-MISC is for reporting attorney fees paid directly from your settlement 2. These fees are NOT taxable to you 3. You DO need to report the full 1099-MISC including Box 10 4. You then take an adjustment to exclude the Box 10 amount from your taxable income Most tax software struggles with this because it's an unusual situation. In FreeTaxUSA, as others have mentioned, look for the option that says you received the form but didn't engage in business activity. The most common mistake people make is either paying tax on the attorney fees (which you shouldn't) or not reporting the 1099-MISC at all (which will trigger a notice from the IRS).
Could you explain why we need to report Box 10 at all if it's not taxable to us? Seems like extra work for no reason. And does this apply to all types of settlements or just employment-related ones?
You need to report Box 10 because the IRS receives a copy of your 1099-MISC showing all boxes filled out. If you don't report it, their automated matching system will flag your return for a potential discrepancy. By reporting it and then taking an adjustment to exclude it from taxable income, you create a clear audit trail showing you properly handled the form. This rule applies to most types of settlements, not just employment-related ones. However, the tax treatment of settlements can vary depending on what the settlement is compensating you for. Employment settlements for back wages are generally taxable as ordinary income (but the attorney fees aren't taxable to you), while settlements for physical injuries are generally not taxable at all. Emotional distress settlements fall somewhere in between depending on specific circumstances.
I went through this exact same headache with FreeTaxUSA last year! The key is knowing that Box 10 attorney fees create a "phantom income" situation - the IRS sees the full 1099-MISC amount but you're only taxable on your portion. Here's what worked for me: When FreeTaxUSA forces you into the Schedule C section because of Box 10, don't panic. Enter the 1099-MISC normally, then look for the section about "miscellaneous adjustments" or "other deductions." You'll want to create a negative adjustment equal to the Box 10 amount with a description like "Attorney fees from settlement - not taxable to recipient per IRC Section 62(a)(20)." The W-2 you received is straightforward - that's your actual taxable settlement amount with proper withholdings. The 1099-MISC Box 3 plus Box 10 should equal your gross settlement before attorney fees were deducted. One tip: Print out everything and keep good records. The IRS computer matching system will see that 1099-MISC and you want clear documentation showing you handled the attorney fees correctly. This is one of those situations where being thorough upfront saves you from potential notices later.
This is really helpful! I'm dealing with a similar situation and the "phantom income" explanation makes so much sense. I've been stressing about whether I was doing something wrong by trying to exclude the Box 10 amount. Quick question - when you mention IRC Section 62(a)(20), is that something I should specifically reference in my adjustment description? I want to make sure I'm being as clear as possible in case this ever gets reviewed. Also, did you have any issues when you filed or did everything go through smoothly with that approach?
Has anyone else noticed that Venmo's reporting isn't always accurate when it comes to separating tips from payment? I've had instances where a customer will add a note saying "includes $15 tip" but the transaction just shows as a single amount with no breakdown. How are you guys handling that for record keeping?
I use Square for my mobile car detailing business, and it has a much better system for tracking tips separately. The customer can add the tip during checkout, and my reports show a clear breakdown between service charges and tips. Might be worth considering if accurate record-keeping is important to you.
Thanks for the suggestion! I've thought about switching payment processors but most of my customers are so used to Venmo now. I might have to check out Square though - does it integrate well with accounting software like QuickBooks?
For tracking tips when customers don't use Venmo's built-in tip feature, I've found it helpful to create a simple spreadsheet where I log each job with the base service fee and any additional tip amount mentioned in their payment notes. This way I have my own breakdown even if Venmo just shows one lump sum. What's worked well for me is taking a screenshot of the Venmo transaction right after I receive it, especially if the customer mentions the tip amount in their note. Then I enter it into my records while it's fresh in my mind. Even though the IRS doesn't require you to separate tips from regular income for tax purposes, having that detail has been super useful for understanding my customer relationships and pricing. I also started sending customers a quick text after finishing their service with something like "Payment received - $65 service + $15 tip. Thank you!" This creates a text record for my files and lets the customer know I saw their generosity, which seems to encourage repeat tipping.
That's a really smart approach! I love the idea of sending a confirmation text - it probably makes customers feel appreciated and more likely to tip again in the future. Do you find that acknowledging tips via text has actually increased your tip frequency? I'm always looking for ways to build better relationships with my regular clients without being pushy about it. I might steal your screenshot idea too. Right now I'm just relying on my memory to separate out tips when I do my weekly bookkeeping, which isn't very reliable. Having that visual record would definitely help me stay organized, especially during busy season when I'm doing 15-20 yards per day.
Has anyone tried running this scenario through different tax software? I know inheriting an IRA is complicated but most tax programs should be able to calculate your RMD correctly. I'm dealing with an inherited Roth IRA which apparently has different rules.
I tried TurboTax and H&R Block for my inherited traditional IRA (mom died in 2020 at 74), and they both struggled with the new SECURE Act rules. They calculated RMDs but didn't flag the 10-year rule properly. My accountant had to manually calculate it. Roth IRAs have their own set of rules too - I think the 10-year rule still applies but without annual RMDs since Roths don't have RMDs normally.
I went through this exact same situation when my grandmother passed in 2021 at age 78. The confusion you're experiencing is totally understandable because the SECURE Act created these hybrid rules that many financial advisors are still getting wrong. Here's what I learned after consulting with a CPA who specializes in retirement accounts: Since your uncle died in 2021 (post-SECURE Act) and was already taking RMDs, you're subject to BOTH rules simultaneously - you must take annual RMDs based on your life expectancy AND completely empty the account by December 31, 2031 (10 years after the year of death). The key thing your tax preparer got wrong is that you don't have to take exactly 1/10 each year. You take the higher of: (1) the annual RMD calculated using the Single Life Expectancy Table, or (2) whatever amount ensures the account will be fully distributed by the 10-year deadline. I'd recommend getting a second opinion from a CPA or Enrolled Agent who specifically deals with inherited retirement accounts. The penalty for getting this wrong is 50% of the amount you should have distributed, so it's worth paying for expert advice to get it right.
This is exactly the clarity I've been looking for! So just to make sure I understand - I need to calculate what my annual RMD would be using the life expectancy table, but then also keep track of whether I'm on pace to empty the account by 2031? Do you happen to know if there's a good way to project this out over the full 10 years? Like, should I be taking more than the minimum RMD in early years to avoid having to take huge distributions later when the account might have grown? I'm worried about getting hit with a massive tax bill if I wait too long to take larger distributions.
Maya Lewis
I think everyone's overlooking that the student loan forgiveness is only 2 years away. If I were in your shoes, I'd probly just focus on that short term goal. 2 years of missing Roth contributions isnt gonna destroy your retirement. Have you ran the actual numbers? $1100/month savings on student loans for 24 months = $26,400 saved. That's WAY more than 2 years of max Roth contributions ($6k x 2 = $12k). Just sayin, might be worth taking the hit on retirement contributions to get that sweet loan forgiveness.
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Isaac Wright
ā¢That's a good point, but don't forget about the lost growth on those Roth contributions over time. $12k invested for 25 years at 7% is around $65k. Still might be worth it for the loan forgiveness, but the opportunity cost is higher than just the contribution amount.
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Ethan Brown
This is such a common dilemma for married couples with student loans! I went through the exact same situation a few years ago. Here's what I learned from my research and experience: The $10k income limit for Roth IRA contributions when married filing separately is brutal, but there are definitely workarounds worth considering: 1. **Backdoor Roth IRA** - As mentioned by others, this is probably your best bet. You contribute to a traditional IRA (non-deductible) and immediately convert to Roth. No income limits on conversions. 2. **Maximize your employer 401k** - This isn't affected by filing status, and many plans now offer Roth 401k options too. 3. **HSA if available** - Triple tax advantage and can be used as retirement account after age 65. For the student loan piece - definitely run the numbers on the total savings vs. opportunity cost. But honestly, with only 2 years left until forgiveness and $1,100/month savings, that's probably the financially smart move short-term. One thing to consider: can you and your wife adjust withholdings or estimated payments to get closer to that $10k threshold for next year? Sometimes small tweaks to pre-tax contributions can help you stay under limits while still optimizing the overall strategy. The Solo 401k suggestion is brilliant if you have any 1099 income!
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Sergio Neal
ā¢This is really helpful advice! I'm in a similar boat but hadn't thought about adjusting withholdings to get closer to the $10k threshold. How exactly would that work? Like, if I'm at $139k income, would increasing my 401k contributions enough to get my AGI down to $10k actually be feasible? That seems like it would require contributing almost all of my income, which doesn't sound realistic. Or am I misunderstanding how the income calculation works for the Roth IRA limits?
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