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LLC Tax Distribution for 2-Member Partnership: How to Handle Unequal Tax Payments

I've got a small marketing agency (LLC with 50/50 ownership) with my college roommate, and I'm completely confused about our tax situation. For the past two years, my business partner has been handling all the tax stuff with her accountant, which seemed fine until I noticed something odd. My partner earns around $125k from her day job while I'm only making about $32k at my part-time gig. When tax time comes, she takes approximately $12k from our business account to pay her taxes, but I only take about $4k for mine. We split all business profits 50/50, so it feels weird that she's withdrawing so much more than I am for taxes. I don't think she's stealing or anything - she explained that before our LLC, she would get substantial tax refunds (like $3k) but now doesn't because of the business income. She claims she's actually saving our company money because she could technically take even more. I'm completely lost when it comes to taxes and have no idea how to properly separate our LLC taxes from our personal situations. I've scheduled a meeting with her accountant to figure this out, but I wanted some outside perspective first. Should I be compensated for the difference between what she's taken versus what I've taken? Is there a way to file our 2023 taxes that doesn't mix our personal income situations? My friends and family think something sounds off about our setup, and I'm starting to feel gaslit about the whole thing. Any advice would be really appreciated!

Don't forget about self-employment taxes! That's a huge factor that might explain some of the disparity. On pass-through income from an LLC, you both pay self-employment tax (15.3% for Social Security and Medicare) on top of regular income tax. If you're both taking the exact same profits but have drastically different other income, the tax impact is going to be very different. Your partner's federal income tax rate on the business profits might be 32% or 35% while yours might be 12% or 22% - that alone could justify a big difference in tax withdrawals. But like others have said, this should all be documented and transparent. You should be able to see exactly how much of the business profit is causing what tax liability for each of you.

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Caleb Stone

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This is an important point. I was shocked when I started my LLC and realized I had to pay both the employer and employee portions of Social Security and Medicare taxes. That extra 15.3% on top of regular income tax is a killer. OP, you might also want to look into whether you guys should elect S-Corp taxation. Once you're making enough profit, it can save on self-employment taxes by allowing you to take some money as salary (subject to SE tax) and some as distributions (not subject to SE tax).

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I think the key issue here is that you need complete transparency and documentation of how these tax distributions are calculated. While it's true that your partner may legitimately owe more taxes due to being in a higher bracket, the current setup sounds problematic from an accountability standpoint. Here's what I'd recommend: First, request detailed calculations showing exactly how much of each person's total tax liability is attributable to the LLC income versus other sources. Second, establish a formal policy for tax distributions in writing - many partnerships use a formula where distributions are made based on each member's estimated tax rate multiplied by their share of business income. Most importantly, consider changing your process so that tax distributions go to each partner individually, and then you each pay your own taxes. Having one person write checks directly from the business account to cover their personal tax obligations creates unnecessary confusion and potential for disputes. You should also verify that you're both getting the same K-1 amounts - if you're truly 50/50 partners, your Schedule K-1 forms should show identical income allocations. If they don't, that's a red flag that needs immediate attention. The fact that your friends and family think something's off suggests your instincts are right to question this arrangement, even if the underlying tax principles are legitimate.

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Amina Sy

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This is excellent advice, especially about verifying that both K-1 forms show identical income allocations. That's something I hadn't thought to check but would be a clear indicator if something's wrong. The suggestion about changing the process so tax distributions go to each partner individually makes a lot of sense too. Having one person write business checks for their personal taxes does seem like it muddies the waters unnecessarily, even if the amounts are technically justified. I'm definitely going to ask to see both of our K-1 forms side by side and request the detailed calculations you mentioned. If my partner is truly paying legitimate higher taxes on the same business income, she should have no problem providing that documentation. The transparency piece is really what's been missing from our arrangement.

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Marcus Marsh

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Just a heads up that if you pay your amended return balance quickly, you can sometimes call and request an abatement of penalties (though not the interest). I amended my return last year after forgetting about a 1099-K, and when I called after paying the full amount, they removed about $120 in failure-to-pay penalties as a one-time courtesy since I had a good previous compliance history. Worth trying if this is your first time having an issue! The IRS can be more reasonable than people expect if you're proactive.

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This is great advice! I had a similar experience when I amended my return. I called and politely explained it was my first mistake and they waived the penalties. Saved me almost $200.

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Ravi Sharma

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I went through something very similar last year and wanted to share a few additional tips that helped me get through it: First, make sure you're calculating the self-employment tax correctly - it's 15.3% on 92.35% of your net self-employment income (not the full amount). You can deduct the employer-equivalent portion when calculating your income tax, which helps reduce the overall burden slightly. Second, if you haven't already, look into whether you can claim any business expenses related to that side gig. Things like equipment, software, supplies, or even a portion of your home office if you worked from home. These can help reduce your net self-employment income and lower your overall tax bill. The payment plan process is actually pretty straightforward - I was able to set mine up online in about 10 minutes. Since you owe less than $50,000, you should qualify for the streamlined installment agreement. Just be aware that interest will continue to accrue on the unpaid balance, but it's usually much more manageable than trying to pay everything at once. One last thing - keep detailed records of everything related to this amended return. If you do any freelance work in the future, you'll want to make quarterly estimated payments to avoid this situation again. The IRS has worksheets to help you calculate these, and it's much less stressful than dealing with a big bill at tax time. You're handling this the right way by addressing it proactively. It's stressful now, but you'll get through it!

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This is really comprehensive advice, thank you! I'm definitely going to look into those business expenses - I did buy some equipment and software for the freelance work but hadn't thought about deducting them. The quarterly payment thing is something I need to figure out too. Do you know if there's a penalty for not making estimated payments in your first year of self-employment income? I'm worried I might get hit with additional penalties on top of everything else I already owe. Also, when you mention keeping detailed records - are you talking about just for this amended return, or for future tax planning? I've been pretty disorganized with my freelance paperwork and clearly need to get better at this!

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Make sure when you file the 1040-X that you're starting with the numbers from your ORIGINAL return! Biggest mistake I made was trying to create a new return with all my info plus the new 1099. You need to use exactly what you originally filed, then show the changes column by column on the 1040-X.

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This is such important advice! I messed up my first attempt at an amended return this way. The 1040-X literally has columns for "Original Amount," "Net Change," and "Correct Amount" - you NEED those original numbers.

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Just went through this exact same situation a few months ago! The rejection message you got is totally normal - the IRS system automatically blocks multiple returns for the same tax year because most people who try this are accidentally filing duplicates. Like others mentioned, you definitely need Form 1040-X to amend your original return with the freelance income. One thing I'd add is to make sure you have a copy of your original return before you start the amendment process. You'll need those exact numbers to fill out the "Original Amount" column on the 1040-X. Also, don't stress too much about the timing. Since you received the 1099 late, you're being proactive by filing the amendment. The IRS would have eventually caught the discrepancy anyway when they matched their records, so you're actually saving yourself potential penalties by addressing it now. Just be prepared for the longer processing time - mine took about 20 weeks to get processed and the refund adjustment.

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Same here! My as of date has been stuck for weeks while I see others moving forward. It's so frustrating not knowing what's happening. I've been checking my transcript daily but nothing changes. Really hope we get some movement soon šŸ¤ž

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I feel you! Same situation here - stuck on the same as of date while watching everyone else's transcripts update. It's like being in the slowest lane of traffic 😤 Have you tried looking at your cycle code to see if you're actually on weekly updates? Sometimes it helps to know the pattern even when nothing's changing.

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Ethan Taylor

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I'm in the exact same situation! My as of date hasn't budged while others in my weekly cycle got the 2/24 update. From what I've researched, it usually means one of a few things: either there's a minor hold/review on your return, you're in a different processing batch, or sometimes the system just processes accounts at different speeds even within the same cycle. The frustrating part is not knowing which one it is! I've been trying to stay patient but it's tough when you see others moving forward. Hopefully we'll see some movement in the next update cycle šŸ¤ž

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Raul Neal

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Quick question - how long do amended returns typically take to process? I'm in a similar boat (forgot a W2) and worried about timeline.

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Beth Ford

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Thanks for the replies about processing time. Do you know if I need to pay any additional taxes right away or wait until the amended return is processed? I'm worried about interest or penalties building up while waiting for processing.

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Jenna Sloan

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You should pay any additional tax you expect to owe immediately, even before filing the amended return. This minimizes any interest and penalties. The IRS provides payment options on their website. If you wait until the amended return is processed, you'll definitely accrue interest on the unpaid amount, and possibly failure-to-pay penalties as well. Better to pay now even if your final amount ends up being slightly different.

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Pro tip: Make sure you keep detailed records of WHEN you discovered the error and when you took steps to correct it. The IRS is more lenient with honest mistakes that you voluntarily correct promptly. Document everything.

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Sasha Reese

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Would it help to include a brief explanation letter with the amended return explaining the situation?

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