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Has anyone mentioned the Qualified Business Income (QBI) deduction implications? Section 199A treats rental real estate differently depending on whether it qualifies as a trade or business. In my experience, rental real estate usually gets better QBI treatment as a partnership than as an S corp because of the W-2 wage limitations. Since rental properties often don't have significant W-2 wages, S corps can actually limit your QBI deduction potential.

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Charlie Yang

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This is a really good point. Our CPA told us the same thing when we were considering converting our rental LLC. The QBI deduction can be up to 20% of qualified business income, but S Corps have that wage limitation that can really restrict it for real estate businesses without employees. Also, doesn't the QBI deduction phase out completely after 2025 anyway? I thought that was part of the Tax Cuts and Jobs Act expiration.

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Malik Thomas

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You're absolutely right about the QBI implications - this is often overlooked but critical for real estate businesses. The W-2 wage limitation can severely restrict QBI deductions for S Corps in rental real estate, since most rental properties don't generate significant W-2 wages. And yes, the QBI deduction is set to expire after 2025 under current law, but given how popular it's been, there's a good chance Congress will extend it. Even if it does expire, the analysis between partnership vs S Corp treatment would still favor partnerships for most rental real estate scenarios. Between the built-in gains tax, basis step-up issues for succession planning, reasonable compensation requirements, and QBI limitations, it really seems like the partnership structure is superior for your father-son rental real estate business. The main benefits of S Corp election (avoiding self-employment tax on distributions) don't typically apply to passive rental income anyway. I'd strongly recommend getting a comprehensive analysis done before making any changes. The timing restrictions mean you can't easily reverse an S Corp election if you realize it was the wrong choice.

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This whole situation is so messed up. We're in the middle of a pandemic, people are struggling, and the government can't even get their act together to help us. It's disgraceful 😤

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Omar Zaki

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I completely understand your frustration! I went through the exact same thing a few months ago. Here are a few additional tips that helped me: 1. Try calling different regional offices - sometimes one office is less busy than others 2. Keep a log of when you call and what happens - it helps track patterns 3. If you do get through, ask for a direct callback number for follow-ups 4. Document everything in writing (emails, letters) as backup Also, don't feel bad about exploring that paid service @Liam mentioned if you're really stuck. Sometimes $20 is worth your sanity and time. The system shouldn't be this broken, but we have to work with what we've got. Hang in there - you'll get through this! šŸ’Ŗ

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Help with filing taxes for deceased father - SSN locked issue

I've been struggling to file my late mother's 2022 taxes since January this year. Mom passed away in March 2023 and didn't earn enough in 2023 to require filing, but I need to submit her final 2022 return. I had Jackson Hewitt prepare and submit the taxes. They properly marked on the return that she's deceased, which is required for filing a deceased person's taxes. I've called the IRS multiple times about why the return keeps getting rejected, and the last two calls they told me it's because her social security number is locked. When I contacted the Social Security Administration to explain the situation, they seemed confused about how this could happen, but assured me they unlocked her SSN so the taxes could be processed. I just resubmitted everything again, and according to my tax preparer at Jackson Hewitt as of yesterday, it looks like they're getting rejected again for the same SSN locked reason. I'm completely lost on what to do next. I have established an estate, but my understanding is that the estate only handles matters after her death, not while she was alive. I even asked Jackson Hewitt if I should file through the estate and was told no since she was alive throughout 2022. To complicate things further, the tax preparer who initially handled Mom's 2022 taxes accidentally filed them under tax year 2023, and surprisingly they were accepted. I've since submitted a 1040X to amend that return back to zero, which is still processing. I'm trying to finalize my mother's estate and get her house on the market, and this tax issue is the final hurdle before I can begin those proceedings. I'm considering going directly to an IRS or SSA office in person because phone calls aren't resolving anything. None of this makes any sense to me. Any advice would be greatly appreciated because I'm about ready to tear my hair out at this point.

Amara Okafor

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Have you tried filing by mail instead of electronically? I had a similar issue with my father-in-law's final return. Every electronic submission was rejected, but when we printed everything out and mailed it in with a copy of the death certificate attached, it was processed without issue. Also, when you mail it, write "DECEASED" in red ink at the top of the return and include a cover letter briefly explaining the situation. In my experience, having physical documents in front of an actual human IRS employee helped get past the automatic rejection systems.

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That's a good suggestion. I'm going to try paper filing with all the documentation others have suggested here. Did you have to include anything special with the paper filing besides the death certificate? And approximately how long did it take for them to process it?

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Amara Okafor

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I included the death certificate, a copy of the Letters Testamentary showing I was the executor, and a brief cover letter explaining that electronic filing attempts had been rejected due to the SSN issue. It took about 12 weeks to process, which was longer than normal returns but still reasonable given the circumstances. One other tip - I sent it certified mail with return receipt so I had proof it was delivered. That gave me peace of mind and a paper trail in case there were any questions later. The physical timestamp of when they received it can be important for penalty and interest calculations.

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Just wanted to add that you should call the IRS Practitioner Priority Service line instead of the regular taxpayer line. The number is 866-860-4259. Tax professionals use this line, but as the executor of an estate, you can use it too. The wait times are usually shorter and the agents tend to be more experienced. Make sure you have all your documentation ready when you call - death certificate, letters testamentary, any rejection notices you've received, etc. They can often override the system rejections when they understand the full situation.

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Is this actually true? I thought that line was only for enrolled agents, CPAs, and tax attorneys with CAF numbers. Will they even talk to you if you're just an executor?

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Lucas Parker

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@Giovanni Colombo You re'absolutely right about the Practitioner Priority line! As an executor, you do have authority to use this line since you re'acting in a fiduciary capacity for tax matters. I used this exact approach when dealing with my grandmother s'final return last year. The key is explaining upfront that you re'calling as the court-appointed executor/personal representative of an estate, not as an individual taxpayer. Have your Letters Testamentary or Letters of Administration ready - they may ask for the case number or issuing court information to verify your authority. The agents on this line definitely understand estate tax issues better than the general customer service reps. They were able to explain that my grandmother s'return was being rejected because the death date in the SSA system didn t'match what was on the tax return there (was a one-day discrepancy due to time zones .)Something the regular line agents never caught despite multiple calls.

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QuantumQuest

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Has anyone run into issues with their tax software not allowing you to leave the 199A fields blank? I'm using ProSystems and it keeps giving me a diagnostic error when I try to leave those fields empty, even though all my partners are C-Corps.

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I use ProSystems too and had the same issue. What worked for me was putting zeros in all the 199A fields rather than leaving them blank. The software accepted that and didn't throw any errors. Just make sure you've properly identified each partner as a C-Corporation in the partner information screen.

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QuantumQuest

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Thanks, that worked perfectly! I tried putting in zeros instead of leaving them blank and the diagnostic errors went away. Seems like a software limitation rather than an actual requirement, but at least there's a workaround.

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PaulineW

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Great discussion everyone! As someone new to partnership taxation, I really appreciate seeing the consensus here. It's reassuring to know that leaving the 199A section blank (or entering zeros) for C-Corp partners is not only acceptable but actually the correct approach. I'm curious though - for those of you who have been doing this for years, have you ever had a client question why their K-1 doesn't have the 199A information? I imagine most C-Corp clients wouldn't even notice, but I'm wondering if anyone has had to explain this to a client who was expecting to see that section completed. Also, does anyone know if there are any proposed changes to the 199A reporting requirements that might affect this in future tax years?

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Great questions! In my experience, C-Corp clients rarely ask about the missing 199A information because their tax preparers typically handle the K-1s and understand that C-Corps can't use the deduction anyway. The few times I've had to explain it, I just mention that the 199A deduction is only for individual taxpayers and pass-through entities, so C-Corporations don't need that information on their K-1s. Regarding future changes - I haven't seen any proposed regulations that would change the 199A reporting requirements for C-Corp partners. The fundamental issue is that C-Corporations are subject to their own tax rates and aren't eligible for the individual QBI deduction, so there's no logical reason they would need this information in future years either. The 199A deduction itself is currently set to expire after 2025 unless Congress extends it, but even if they do extend it, I can't imagine they would make it available to C-Corporations given how the corporate tax structure works.

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Emma Garcia

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pro tip: sign up for informed delivery on usps website. at least youll know when its coming

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Carmen Diaz

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good idea! doing that rn

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Levi Parker

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Same situation here - mailed 1/30 and still nothing. Called the IRS yesterday and they said to wait the full 4 weeks before requesting a trace. Super frustrating but apparently this is pretty normal right now. The rep mentioned they're seeing a lot of mail delays due to increased volume and some postal processing issues. Hang tight!

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