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Ask the community...

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Val Rossi

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Has anyone used TurboTax for handling trust income? I'm a beneficiary getting a K-1 from a family trust for the first time this year. Is the premium version good enough to handle this or should I pay for a CPA? It's not a huge amount (about $6,000 in income).

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Eve Freeman

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I used TurboTax Premier last year for my trust K-1 and it handled it fine. The interview walks you through entering each box from the K-1. Just make sure you have the actual K-1 form in front of you, not just a summary letter from the trustee. The software will ask about what type of entity issued the K-1 (select "Estate or Trust").

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Great question! I went through this same learning curve recently when my family started exploring trust options. One key point that helped me understand the difference: with personal income taxation, you're always taxed as an individual at your marginal rates. But with trusts, there's this concept of "distribution deduction" that doesn't exist in personal taxation. Basically, if a trust distributes income to beneficiaries during the tax year, the trust gets a deduction for that distributed amount, and the beneficiaries pay the tax instead. But any income the trust keeps (called "accumulated income") gets taxed at the trust level using those compressed rates others mentioned - which hit the top bracket really fast. This creates interesting tax planning opportunities that don't exist with personal income. For example, trustees can strategically time distributions to optimize the overall tax burden across all beneficiaries. Also worth noting that trusts can carry forward unused losses and have different rules around capital gains distributions. The complexity really depends on your situation, but for basic family financial planning, understanding this distribution vs. accumulation concept is probably the most important distinction from regular personal income tax.

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Mason Lopez

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Has anyone tried filing their own ERC claim without using a service? I'm pretty good with tax forms and have detailed records from the pandemic period. My business clearly qualifies (we had a 50% revenue drop in Q2 2020 compared to Q2 2019), but I'm wondering if I'm underestimating the complexity.

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Mason Lopez

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Thanks for sharing your experience! That's encouraging to hear. Did you need to provide any specific documentation with your 941-X forms, or did you just keep it on hand in case of an audit? And how complicated was it to separate out the PPP wages from ERC-eligible wages?

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Vera Visnjic

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I didn't have to submit documentation with the 941-X forms, but I created a complete package that I keep ready in case of audit. I included quarterly financial statements showing the revenue drop, payroll records, and a spreadsheet tracking exactly which employee wages were claimed for PPP vs. ERC. Separating PPP wages from ERC-eligible wages was definitely the most complicated part. I created a spreadsheet showing each employee, their wages during the covered period, how much was allocated to PPP forgiveness, and then the remaining amount eligible for ERC. The key is you can't use the same wages for both programs, so I had to be very methodical about tracking which dollars went where.

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Just a warning to everyone - the IRS has been cracking down HARD on improper ERC claims. They announced a special withdrawal program because so many businesses filed improper claims based on advice from sketchy ERC "mills." Be super careful with any company promising easy qualification or huge refunds.

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What exactly makes a claim "improper"? My business had a 30% revenue drop in 2020 Q3 compared to 2019 Q3, and we kept all employees on payroll. Isn't that enough to qualify?

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Miguel Ortiz

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Revenue decline alone isn't always sufficient - you need to meet very specific criteria. The IRS considers claims improper when businesses claim ERC without actually qualifying under the strict rules. Common issues include: claiming wages for employees who weren't actually working during shutdown periods, misunderstanding what constitutes a "government order" that suspended operations, incorrectly calculating the revenue decline test (it has to be compared to the same quarter in the prior year), and double-dipping with PPP wages. Your 30% decline in Q3 2020 vs Q3 2019 would potentially qualify you under the revenue test, but you'd need to ensure all your wage calculations and employee eligibility are correct. The IRS is particularly scrutinizing claims where businesses claimed ERC for periods when they weren't actually impacted by COVID restrictions or didn't meet the technical requirements.

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Don't forget to also check if your state has its own health insurance marketplace! Some states have different rules and might be more flexible about retroactive adjustments than the federal marketplace. If you live in California, New York, Massachusetts, or several other states with their own exchanges, call your state marketplace directly rather than the federal one.

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That's a good point! Washington state's marketplace helped me with a similar issue last year. They were able to adjust my 1095-A and send a corrected one that significantly reduced what I owed.

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The state marketplaces still have to follow federal rules for premium tax credit eligibility though. If someone had affordable employer coverage, they're not eligible for PTC regardless of which exchange they used. Source: I work for a state-based marketplace.

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I'm sorry you're dealing with this stressful situation. Based on what you've described, unfortunately you'll likely need to repay most or all of the $3,899 in advance premium tax credits since your wife had affordable employer coverage available during that overlap period. Here's what I'd recommend doing immediately: 1. **Gather all documentation** - Get your wife's pay stubs from Jan-July 2023 showing insurance deductions, both 1095 forms, and any correspondence from the marketplace. 2. **Contact the Marketplace directly** at 1-800-318-2596 to report the overlap situation. While they may not be able to retroactively cancel coverage, they need to know about the error and might provide guidance specific to your case. 3. **Calculate the exact repayment amount** using Form 8962. You'll need to determine if there were any months where you were actually eligible (like transition periods). 4. **Consider professional help** - A tax professional experienced with ACA issues might be able to identify any legitimate ways to reduce your repayment obligation. The silver lining is that this is a relatively common mistake, and the IRS has procedures for handling it. You won't face penalties beyond having to repay the credits you weren't eligible for. Make sure to file your taxes accurately with Form 8962 to avoid future complications. Going forward, always contact the marketplace immediately when you get employer insurance to avoid this situation happening again.

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My daughter recently got a $5,000 gift from her grandfather and she just wrote "GIFT" in the deposit slip memo line. The teller didn't even ask any questions! Under $10k really isn't a big deal to banks these days.

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StarSeeker

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Yep, this is totally normal. I used to work at a bank and we only cared about cash deposits over $10k (which require CTR filing) or suspicious behavior like someone obviously trying to structure deposits. A one-time cash deposit of $6,500 with a reasonable explanation wouldn't raise any eyebrows at all.

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Just to add some reassurance for your friend - I work in banking compliance and can confirm that a $6,500 cash deposit is really not unusual at all. We see these amounts regularly from legitimate sources like gifts, small business cash sales, or people who just prefer dealing in cash. The key things that would make us ask questions are: deposits over $10k (which require federal reporting), obvious structuring patterns, or someone acting nervous/evasive about the source. A straightforward one-time deposit of $6,500 where your friend can honestly say "it was a gift from a friend" is completely normal. Your friend should definitely deposit it rather than keeping that much cash at home. Cash sitting around is a security risk and doesn't earn any interest. The bank deposit is safe, legal, and won't create any tax issues for him as the gift recipient.

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Felicity Bud

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Thanks for the banking perspective! This really helps ease my mind about the whole situation. It's reassuring to hear from someone who actually works in compliance that this kind of deposit is routine. I was worried there might be some red flags I wasn't thinking of, but it sounds like as long as my friend is honest about it being a gift, everything should be fine. I'll definitely pass along your advice about not keeping that much cash sitting around - you're absolutely right about the security risk and missed interest.

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Need help understanding basis for Section 1231 gain from inherited LLC partnership shares

I'm trying to figure out how to handle a Section 1231 gain from an LLC partnership where I inherited the shares. My dad passed away in January 2021, and a fair market value was established for his share at that time. However, due to estate complications, I didn't officially receive the transferred share until March 2023. Just got my 2023 K-1 from this real estate partnership showing a net Section 1231 gain of $52,814 in Box 10, plus rental income of $2,510. Something seems off because I thought there would be a step-up basis for the 1231 gain since the property was sold in 2023, and I only became an official owner in March 2023. When I contacted the LLC's CPAs, they mentioned a Section 754 election was in place but admitted they didn't know about the transfer and valuation from my father's death. After providing this information, they told me to adjust my rental income by a Section 754 depreciation of $7,019, but completely avoided my questions about the Section 1231 gain and step-up basis. They've also refused to amend the K-1. My sibling got an identical share in the LLC, and their accountant insists our net 1231 gain should actually be $0 because our basis would be around $53,814 - the property couldn't have appreciated that much between when we received ownership and when it was sold. I'm totally confused about who's right. Since they won't amend the K-1, is there a way I can report a basis to reduce the 1231 gain to $0? Or does Section 754 not apply to 1231 gains? The partnership CPAs are implying it would only apply to passive rental income spread over 27.5 years. Any help would be greatly appreciated! Should a basis apply to a 1231 gain on an inherited share of a real estate LLC? If so, should it appear on the K-1 or do I enter it separately on my return? And where/how would I do that?

Dylan Cooper

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Quick question - does anyony know if this step-up basis issue with inherited partnerships will be affected by the new tax changes coming in 2025? Im in the middle of transferring property to my kids and trying to figure out the best timing.

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Sofia Perez

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The step-up basis for inherited property is always a political football, but as of now, the step-up basis rules remain intact for 2025. There was talk of limiting it for very high-value estates, but nothing has been finalized. The bigger concern is that the current estate tax exemption is scheduled to sunset at the end of 2025, dropping from approximately $13.6 million per person to around half that amount (adjusted for inflation from the pre-2017 level).

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I'm dealing with a very similar situation with my mother's LLC interest that I inherited last year. The partnership CPAs are being equally unhelpful about the Section 743(b) adjustment. What I've learned is that you absolutely have the right to claim the stepped-up basis even if they won't correct the K-1. Here's what I did: I calculated my own Section 743(b) adjustment by taking the fair market value of the partnership interest at the date of death (your outside basis) and subtracting my proportionate share of the partnership's inside basis in the assets. This difference is your basis adjustment that should offset the Section 1231 gain. You'll report the full $52,814 on Form 4797 as received from the K-1, then add a separate line showing your negative Section 743(b) adjustment. Make sure to attach a detailed statement explaining the calculation and referencing that the partnership had a valid Section 754 election but failed to properly account for your inherited stepped-up basis. The key is having solid documentation - your father's death certificate, the estate valuation establishing FMV, and any correspondence showing the partnership was aware of the Section 754 election. Don't let them intimidate you into paying taxes you don't legally owe!

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NebulaNinja

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This is really helpful! I'm new to dealing with inherited partnership interests and this whole situation has been overwhelming. Just to make sure I understand - when you calculated your Section 743(b) adjustment, did you have to get the partnership's inside basis information from the CPAs, or were you able to figure that out from other documents? My partnership CPAs have been pretty uncooperative so far, so I'm wondering if there's another way to get that information. Also, did the IRS accept your self-calculated adjustment without any issues when you filed?

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