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I had almost this exact situation last year. Make sure you're also checking if your cousin had other Schedule A deductions that might impact the recovery calculation! In my case, I focused so much on the SALT cap that I forgot to consider how my charitable contributions and medical expenses affected the overall calculation on Worksheet 2. This actually made a portion of my state refund taxable even though I thought the SALT cap would protect me.
You're absolutely right to be careful with this calculation! I went through a similar situation last year when I switched from MFJ to Single after my divorce. The key insight you've identified is correct - if the nondeductible portion of your SALT (the amount over $10k) exceeds your state tax refund, then none of the refund is taxable. This is because you didn't receive a tax benefit for that portion of your state taxes in the prior year. However, I'd recommend double-checking a few things: 1. Make sure you're only considering your cousin's portion of the joint SALT deduction, not the full amount from the MFJ return 2. Verify that all other itemized deductions from the prior year are properly accounted for in the worksheet calculations 3. Consider whether any of the state taxes that generated the refund were actually deductible under the prior year's circumstances The Publication 525 worksheets are designed exactly for these filing status change situations. If Worksheet 2a is indicating that none of the refund is taxable, that's likely correct. But given the complexity and potential for errors, you might want to have a tax professional review the calculation before filing, especially since the stakes are relatively high with a $3,600 refund.
This is really helpful advice! I'm new to dealing with these itemized deduction recovery situations and the filing status change aspect makes it even more confusing. One question - when you mention considering "your cousin's portion of the joint SALT deduction," is there a standard way to determine this? Should we look at who actually paid which taxes (property vs state income tax) or just split everything proportionally based on their incomes from the joint return? Also, I'm curious about your point regarding whether the state taxes were actually deductible under the prior year's circumstances. Could you elaborate on what situations might make previously paid state taxes non-deductible? I want to make sure I'm not missing anything obvious here. Thanks for sharing your experience with this - it's reassuring to know others have navigated similar situations successfully!
Don't forget to look into state taxes too! Federal is only part of it. Some states have inheritance taxes that are separate from federal estate taxes. For example, in PA where I live, there's an inheritance tax even if the estate is below the federal threshold.
This is super important. I got hit with a state inheritance tax I didn't know about when my aunt passed. And the rates can be different depending on your relationship to the deceased. Like in Iowa, lineal descendants pay less than siblings who pay less than non-relatives.
This is a complex situation that really highlights why estate planning and proper documentation are so important. Based on what you've described, it sounds like the estate should be filing Form 1041 since the mobile home was still owned by the estate at the time of sale. The arrangement where your in-laws put the property in someone else's name for the sale creates some potential complications. That person might technically be considered the seller for tax purposes, even if they're just acting as an agent. The signed contract you mentioned should specify whether they're acting on behalf of the estate or the beneficiaries. Given the $33,000 gain and the unusual sale arrangement, I'd strongly recommend consulting with a tax professional or estate attorney who can review the specific contract language and advise on the proper reporting. The IRS can be very particular about how these transactions are structured and reported, especially when there are agency relationships involved. Also, make sure the executor is aware of their filing obligations - they may need to file Form 1041 even if the estate doesn't owe any tax, depending on the gross income of the estate.
Heads up! If your LLC elected S-Corporation status at any point, you need to file Form 1120-S instead of 1065. Made this mistake my first year and got a nasty letter from the IRS. Double check your entity classification before filing.
How would you know if your LLC has S-Corp status? We set up our LLC through LegalZoom a few years ago and I'm not sure what elections were made.
You would have had to specifically file Form 2553 (Election by a Small Business Corporation) with the IRS to obtain S-Corporation status. It doesn't happen automatically. You can confirm your entity's filing status by: 1) Looking at last year's tax return - if you filed Form 1120-S previously, you're an S-Corp. If you filed 1065, you're a partnership. 2) Calling the IRS Business line (with patience or using Claimyr) and asking them to confirm your entity's classification. 3) Checking your formation documents and any subsequent IRS correspondence. S-Corp election approval comes as a specific letter from the IRS. If you never specifically elected S-Corp status, then as a multi-member LLC you're almost certainly classified as a partnership for tax purposes and need to file Form 1065.
Just to clarify something that might be confusing from the thread - while there's no IRS filing fee for Form 1065, don't forget about your state requirements! Even with zero activity, many states still require annual filings and fees. For example, if you're in California, you'll owe the $800 minimum franchise tax even with no income. Texas has a "no tax due" report that still needs to be filed. Each state is different, so check your state's Secretary of State website or Department of Revenue. Also, since you mentioned this LLC has been inactive, you might want to consider formally dissolving it if you don't plan to use it. This could save you from ongoing state fees and annual filing requirements. You'd need to file a final Form 1065 (checking the "final return" box) and handle the state dissolution process, but it might be worth it long-term.
11 Is anyone else confused about the Schedule K-1 requirements for a partnership with zero income? Our CPA wants to charge us $400 to prepare these forms even though we literally did nothing last year except form the LLC.
14 K-1s are required regardless of activity level. Each partner gets one showing their share of income/loss (even if zero) and any basis adjustments from assets like your laptop. The $400 seems high for a no-activity partnership, but not outrageous for professional preparation.
22 Quick tip from someone who's been there - if you're filing late for your partnership, include a letter explaining that you're first-time business owners who were unaware of the filing requirements. The IRS often waives penalties for first-time filers if you have a reasonable explanation!
18 Does that actually work? We're almost 2 months late at this point and freaking out about potential penalties.
Yes, it absolutely can work! I was about 3 months late filing our partnership return and submitted a reasonable cause letter explaining we were new business owners who didn't understand the filing requirements. The IRS completely waived the penalties - saved us over $400. Just be honest about being first-time filers and include your filing as soon as possible. The sooner you file with the explanation, the better your chances of getting the penalties removed.
Jessica Suarez
Are there specific state tax implications for the K-1 Box 20 Code Z properties? My wife's trust has properties in 3 different states and I'm not sure if that affects how we file.
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Benjamin Kim
β’Yes, there can definitely be state tax implications when properties are in multiple states. The partnership should provide state K-1 forms or information about which states you need to file in. Generally, you may need to file non-resident state returns for states where the properties are located. FreeTaxUSA supports multi-state filing, but you might need to pay for the deluxe version to access this feature. The Code Z breakdowns can actually be helpful for identifying which income is attributable to which state. Some states have different rules for how rental income is taxed, so having that property-by-property breakdown can be useful for state filing purposes.
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Malik Jackson
I dealt with this exact same situation last year with my spouse's family trust K-1! The Box 20 Code Z information was overwhelming at first, but here's what I learned: The key thing to understand is that Code Z is supplemental detail - the partnership has already calculated your wife's share of income/losses from all those rental properties and included the totals in Box 2 (ordinary business income) or Box 5 (rental real estate income/loss) on the main K-1 form. When you're entering information into FreeTaxUSA, you'll input the amounts from the main boxes, not each individual property from the Code Z breakdown. The software will walk you through this step by step. However, don't completely ignore that supplemental information! Keep those property details handy because: 1. You may need the "Unadjusted Basis" amounts if you qualify for the Section 199A (QBI) deduction - FreeTaxUSA will prompt you for this if applicable 2. If the properties are in different states, you might need those breakdowns for state tax filing purposes The good news is that FreeTaxUSA's interview process should guide you through exactly what information to enter and when. Just follow the prompts and don't try to manually calculate or combine the Code Z details yourself.
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