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I've run into a weird situation with my 1099-NECs this year. I'm a self-employed contractor and the company I work for uses some third-party payment processor. Back in 2019, I closed down my S corporation and started working as just myself (sole proprietor) using my personal name and social security number. Since that switch, I've been receiving my 1099-NEC forms correctly each year under my personal info. But this year, I got TWO 1099-NECs. The first one has my correct name and SS#, but the amount is totally wrong. The second one is even weirder - it's issued to my old S corp (which hasn't existed for years!) with its TIN, and it shows an amount even though no work was done through the corporation. I contacted the payment processor about this mess, and they sent me a corrected 1099-NEC with my personal info and the right payment amount. But they didn't say anything about voiding the incorrect 1099-NEC that was issued to my dissolved S corp. They seem to think that just fixing the one under my name takes care of everything. Shouldn't they also void the 1099-NEC that was filed under my old S corp's name and TIN? I'm worried this could cause problems when I file my taxes. Any advice on what I should do here?
I invested in a hedge fund as a limited partner last year and I'm trying to figure out how to report my losses on my taxes. The fund didn't perform well and I ended up with some capital losses. Since I'm just a limited partner and don't actively participate in any of the fund's trading decisions or operations, I'm wondering if these capital losses would be considered passive losses? I don't materially participate in the hedge fund at all - basically just put money in and get statements. Does that automatically make any losses I incur through the hedge fund passive losses for tax purposes? This impacts how I can offset them against other income on my tax return so I really need to understand the classification correctly.
Am I the only one who thinks the tax treatment of hedge fund investments is ridiculously complicated? Why can't the IRS just decide whether limited partnership interests are passive or not and stick with it? This portfolio vs passive distinction feels like it was invented just to confuse people.
The confusion is understandable, but there's actually a logical reason behind the portfolio vs passive distinction. The passive activity rules were created in 1986 specifically to prevent tax shelter abuse where people would invest in partnerships that generated artificial losses to offset their regular income. However, Congress recognized that legitimate investment activities (buying and selling securities, earning dividends and interest) shouldn't be lumped in with these tax shelter schemes. That's why they carved out "portfolio income" as a separate category - it's neither active nor passive. For hedge funds, even though you're a limited partner, the fund's primary activity is trading securities, which produces portfolio income/losses. This means your losses can offset capital gains plus up to $3,000 of ordinary income annually, rather than being trapped by passive loss limitations that might prevent you from using them at all. It may seem complicated, but it actually gives you better tax treatment than if these were classified as passive losses, which could potentially be suspended indefinitely if you don't have other passive income to offset them against.
A few years back my wife and I invested in her private company during some kind of acquisition deal. Now we're dealing with what seems like a sketchy situation and could use some tax advice. The company has been incredibly opaque about everything related to our investment since day one. My wife left the company about two years ago, and we've since moved to another state. Out of nowhere last week, one of the executives reached out offering to buy our shares. Apparently, he's contacting several former employees with the same offer. Here's the suspicious part - he's claiming our shares are worth exactly what we paid for them 5 years ago. Not a penny more. We're not in any rush to sell, so I can hold these shares indefinitely, but I suspect he's being dishonest about their current value. My specific tax question is: Can I determine the actual value of our privately-held shares using our most recent K-1 forms? We've received quite a collection of forms: Schedule K-1 (Form 1065) Arizona Form 165 Schedule K-1 (NR) California Schedule K-1 (568) State of Hawaii Schedule K-1 Form N-20 Idaho Schedule K-1 Form 1062 Illinois Schedule K-1-P and K-1-P(3) Indiana Schedule IN K-1 form IT-20S/IT-65 Montana Schedule K-1 (PTE) Oregon Schedule OR-K-1 Utah Schedule K-1 Form TC-65, Sch. K-1 I'm thinking there must be some way to calculate our shares' actual value from all these forms, but I have no clue where to start. I plan to contact our CPA tomorrow, but since this exec is pushing my wife for an answer now, I wanted to do some investigating on my own first. Any insights would be greatly appreciated!
Another option - check if the K-1 shows guaranteed payments to partners (Box 4). If the company is paying large guaranteed payments to current partners but claiming the business value hasn't increased, that could indicate they're extracting value through compensation rather than letting it reflect in equity value. This is a common tactic in closely-held businesses trying to lowball departing shareholders.
Smart point. I've seen this happen at my previous company. The remaining partners started taking huge "management fees" and "consulting payments" right before buying out departing partners. The business showed minimal profits on paper while the active partners were pulling out hundreds of thousands in "fees.
You might be onto something! Box 4 shows substantial guaranteed payments that have more than doubled since we first invested. Looking closer at our first year versus most recent K-1s, total ordinary business income hasn't grown as dramatically as I'd expect, but guaranteed payments to partners have exploded. This seems like exactly the pattern you're describing - extracting value through compensation rather than showing it as business growth that would increase our share value. This is exactly the kind of evidence I needed. I'll have our CPA calculate what the business value would be if those guaranteed payments were more in line with industry standards or at least similar to what they were when we initially invested.
This is a textbook case of what we call "earnings manipulation" in valuation disputes. The pattern you've identified - stable business income with exploding guaranteed payments - is a red flag that the current partners are artificially depressing the apparent value of the business. A few additional things to look for on your K-1s: 1. Check if there are any "Section 179" deductions (accelerated depreciation) that might be artificially reducing reported income 2. Look at Box 12 with code "A" for alternative minimum tax adjustments - sometimes these reveal the true economic performance 3. Compare your percentage ownership over time - has it been diluted through additional capital raises? For negotiation leverage, calculate what your annual "return" would be if you accepted their offer (hint: it's probably negative after inflation). Then calculate what it would be based on the income growth you've documented. Present both scenarios and ask them to explain the discrepancy. Also, don't let them rush you. The fact that they're suddenly contacting multiple former employees suggests either an upcoming sale or liquidity event. Time is likely on your side, not theirs.
I'm wondering if anyone has navigated this particular situation before... My spouse finally connected with the IRS verification line today (e-filed on Feb 1st, accepted same day) after getting the dreaded "return processing has been delayed beyond the normal timeframe" message for weeks. Apparently, they just sent a letter out yesterday (why the long delay?) stating our return is on hold because his employer never submitted W2 information to the IRS, so they can't verify the accuracy of his only W2. The agent mentioned this could potentially delay things 120+ days. Here's where it gets tricky - my spouse left this employer in November, and the separation wasn't exactly amicable. I doubt reaching out directly will yield positive results. I know employers must provide W2s to employees by January 31st, but what about submitting that information to the IRS? Are there actual deadlines? Can employers face penalties for not reporting? I'm just trying to understand how long this might realistically drag on and what options we might have...
Got through this exact situation. Filed February 3rd. Return stuck for verification. Former employer never sent W-2 info to SSA. Called IRS April 12th. Submitted Form 4852 with final paystub. Refund received May 9th. Total 95 days. Worth the wait.
Based on my experience helping clients through similar situations, I'd recommend taking a proactive approach while you wait. First, gather all supporting documentation - final paystubs, direct deposit records, offer letter, anything that shows the wage amounts on your W-2 are accurate. This will be crucial if the IRS needs additional verification. Second, consider preparing Form 4852 (Substitute for Form W-2) as a backup plan, though don't file it yet since you have the actual W-2. The IRS often resolves these cases faster when they can see comprehensive documentation that supports the reported wages. Also, keep calling periodically (every 2-3 weeks) to check status - sometimes cases move through the system faster than the quoted timeframes, especially if the employer eventually does submit their data. The 120-day timeline is worst-case scenario, not typical resolution time.
Anyone else have a DDD of 2/11? Transcripts updated last week showing the deposit date but still nothing in my account. Getting anxious since I need this money for bills. Checked my bank account 5 times today already ๐ซ
dont worry fam ur money is coming. the IRS is actually pretty good about sticking to the DDD once you get one
Same DDD here! 2/11 gang ๐ I've been refreshing my bank app like crazy too. From what I've seen in previous years, most people with big banks (Chase, Wells Fargo, etc.) don't see it until the actual date or sometimes even the day after. The IRS usually sends it out on Friday for a Tuesday DDD, so your bank probably has it but is just holding it. Hang in there! ๐ช
ApolloJackson
Has anyone dealt with the opposite problem? My LLC got a 1099-NEC but the work was actually done by me personally before I formed the LLC. Payment processor refuses to change it saying "we paid the entity listed on your invoice." Now I'm stuck figuring out how to report it.
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Isabella Russo
You might be able to handle this with a "nominee" situation on your personal return. Basically, you report the full amount on Schedule C of your personal return, then file a 1099-NEC from yourself to your LLC. It's a bit complex but prevents double taxation. I'd recommend talking to a CPA though, as this gets tricky fast.
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Emma Olsen
I deal with business entity transitions all the time in my tax practice, and you're absolutely right to be concerned about this. The payment processor needs to void that S corp 1099-NEC immediately. Here's what's happening: The IRS computer systems will match 1099s against tax returns filed. Since your S corp is dissolved and won't be filing a return, that 1099-NEC will show as "unmatched income" in their system. This can trigger automated notices demanding a tax return for the dissolved entity, even years later. When you contact them again, be very direct: "You have issued a 1099-NEC reporting $X income to [S Corp Name], TIN [number]. This entity was dissolved in 2019 and performed no work in 2024. This form must be voided/corrected to show $0 income, not just transferred to my personal information." If they still won't cooperate, document everything and consider having a tax professional send a letter on letterhead - sometimes that gets better results than individual requests. You might also need to attach an explanation to your personal tax return documenting the error and your attempts to correct it. Don't let this slide - I've seen clients get IRS notices for dissolved entities years after the fact due to uncorrected 1099 issues.
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