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Ask the community...

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Dylan Cooper

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I was in a similar situation with my S corp and almost got nailed in an audit. Even though the instructions for 1125-E say to file it if gross receipts are over $500K, the bigger issue is definitely the lack of reasonable compensation. My accountant now has me document WHY I'm paying myself the amount I do each year with comparable salary data for my industry. This has been super helpful in justifying my compensation decisions.

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Sofia Perez

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What kind of documentation do you keep exactly? I'm worried I might be in a similar situation and want to start fixing things the right way.

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Andre Dupont

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I keep a detailed compensation analysis file that includes salary surveys from sites like PayScale and Glassdoor for my position/industry, documentation of my actual duties and hours worked, and a written justification for my compensation level that gets updated annually. My CPA also helps me prepare a "reasonable compensation study" that compares my salary to similar businesses in my area and industry. The key is being able to show the IRS that you put thought into the decision rather than just picking an arbitrary number. I also document any changes in responsibilities or business performance that might affect compensation from year to year. It's extra work, but much better than trying to justify your decisions during an audit without any supporting documentation.

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Based on this discussion, I'm really concerned about my situation too. I've been running my S corp for 3 years with similar revenue levels but zero officer compensation. Reading about the Watson case and the potential for retroactive reclassification has me pretty worried. I think I need to take action immediately - both filing Form 1125-E correctly (showing $0 compensation) and establishing reasonable compensation going forward. The documentation approach that Andre mentioned sounds like exactly what I need to implement. Has anyone here actually gone through the process of fixing this retroactively? I'm wondering if I should reach out to a tax professional who specializes in S corp compliance or if there are specific steps I should take first. The potential penalties and back taxes are keeping me up at night!

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Has anyone used an online service like Zillow or local property tax records to figure out the historical value? I inherited a house from my grandmother in 2012 and the lawyer handling the estate didn't get an appraisal at the time. Now I'm selling and have no idea how to document what it was worth back then.

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StarSurfer

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I used my county's property records website which had assessment values going back 15 years. While assessments are usually lower than market value, my accountant said we could use that as a starting point and apply a standard multiplier (in our case 1.2x) to estimate market value. Also found some comparables from old real estate listings that had sold around the same time/area.

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Thx for the tip! Just checked my county records and they do have the assessments from 2012. Gonna try to find that multiplier for my area. Maybe I can also check with some long-time realtors who might remember what the market was doing back then. This is all so much more complicated than I expected!

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One thing I haven't seen mentioned yet is that you might want to consider the timing of your sale carefully. If this puts you into a higher income bracket for the year, you could end up paying the 20% long-term capital gains rate instead of 15%. Also, since you mentioned this is for your kid's college, look into whether your state offers any tax advantages for education expenses that might offset some of the capital gains. Some states allow you to contribute to 529 plans and get state tax deductions, which could help reduce your overall tax burden. Make sure you keep detailed records of all the property taxes you've paid over the 20 years too - while these don't add to your basis, they can sometimes be deducted in the year of sale depending on how the closing is structured.

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Paolo Rizzo

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Great point about timing the sale strategically! I hadn't thought about how this might bump me into a higher tax bracket. Since we're not in a huge rush to sell (college is still 2 years away), maybe I should look at spreading this out somehow or timing it for a lower-income year. The 529 plan idea is really smart too - our state does offer deductions for contributions. Even if I can't avoid all the capital gains tax, at least I could get some benefit on the state level when I put the proceeds toward education. Quick question - when you mention property taxes being deductible in the year of sale, do you mean the taxes I've already paid over the years, or just the current year's taxes that get prorated at closing?

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Thais Soares

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22 Just an FYI - I called the EFTPS customer service line (not the IRS) at 1-800-555-4477 and they were able to tell me exactly which form to select for my CP128. Only took about 10 minutes on hold. Sometimes the EFTPS folks are more helpful than the IRS for these specific payment questions.

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Thais Soares

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6 Thank you for this suggestion! I never thought about calling EFTPS directly. Did they give you any specific advice about what to put in the comments section?

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Yes, they told me to include the notice number (CP128), the tax period it relates to, and my SSN or EIN depending on whether it's personal or business. They emphasized that the notice number is the most critical piece for proper payment application. The EFTPS rep also mentioned that their system flags payments with notice numbers for special handling, which helps ensure it gets routed correctly within the IRS.

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Tyler Murphy

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I've been through this exact situation with a CP128 notice last year. The key thing that finally worked for me was calling the EFTPS helpline directly at 1-800-555-4477 rather than trying to reach the IRS. They walked me through the correct form selection based on what type of tax the penalty was related to. For my situation (employment tax penalty), I had to select Form 941, but the EFTPS rep emphasized that it really depends on the underlying tax type shown on your CP128 notice. They also told me to include three things in the comments: the CP128 notice number, the tax period, and my EIN. The payment posted correctly within a few business days, and I received confirmation that it was applied to the right penalty. Much easier than the hours I spent on hold with the IRS!

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This is really helpful advice! I'm dealing with a similar CP128 situation right now. When you called the EFTPS helpline, did they ask you to read them specific information from your notice, or were they able to help just based on you mentioning it was a CP128? I want to make sure I have everything ready before I call.

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Recommendations for software to prepare and e-file 1065s with multiple K-1s for startup investment LLCs

I'm managing two LLCs that were set up as investment vehicles for early-stage startups (basically SPVs). One I've been handling myself for years, but I recently had to take over another one when the management company (Assure) went under and left us hanging. Between these two entities, I'm now responsible for filing multiple 1065s and generating K-1s for around 40-50 members total. Up until now, I've been doing everything manually which has been manageable but tedious for the first LLC since our income and expenses are pretty minimal. The biggest headache is having to re-enter all the member information each year. With two LLCs now, I'm thinking it's finally time to use actual tax software that can hopefully save all this data for future filings. Both LLCs are pretty straightforward from a tax perspective - minimal expenses, occasional income from distributions when a portfolio company gets acquired, etc. I'm not looking for anything super sophisticated, just something that makes the process less painful and can handle batch creating those K-1s efficiently. Has anyone used TurboTax Business, TaxAct, H&R Block Business, or any other software for filing partnership returns with multiple K-1s? Looking for recommendations on what works well specifically for investment LLCs/SPVs. Hoping to find something that makes the process smoother and justifies the cost compared to my manual approach.

StarStrider

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Has anyone used CCH Axcess for SPVs? My CPA recommended it to me for our angel fund, but the pricing seemed outrageous for what's essentially a passive investment vehicle with 25 investors.

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Luca Esposito

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CCH is definitely overkill for what you're describing. It's enterprise-level software designed for accounting firms handling hundreds of complex returns. For a couple of investment LLCs, you'd be paying for a ton of features you'll never use.

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Ava Kim

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For your situation with multiple investment LLCs and 40-50 K-1s, I'd recommend starting with TaxAct Professional as Isabella mentioned. I've been using it for my real estate investment partnerships for 3 years now, and it handles the member data carryover beautifully. The key advantage for investment vehicles is that once you set up the allocation percentages and member information, subsequent years are mostly just updating income/loss amounts and any membership changes. TaxAct's batch K-1 printing and e-filing capabilities will save you hours compared to manual preparation. One tip: when you first set it up, take the time to carefully enter all the member information including addresses and SSNs. The software will catch common errors like mismatched names/SSNs that could cause IRS notices later. For the price point (around $200-300 per return), it's a solid middle ground between DIY manual work and expensive professional software. The learning curve is pretty gentle if you're already familiar with 1065 forms, and their support is responsive when you run into questions about specific partnership allocations.

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CosmicCowboy

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This is really helpful, thank you! I'm leaning toward TaxAct Professional based on the recommendations here. One question about the member data carryover - if I have members who drop out or new ones who join between tax years, how easy is it to modify the membership structure? With startup investments, we sometimes have investors sell their positions to other parties, so the K-1 recipient list can change fairly regularly.

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Yara Khalil

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One warning about cost segregation - the IRS has been increasing scrutiny of these studies in recent years. Make sure whoever does yours is legit and has engineering credentials. I've seen people try to DIY this and get absolutely hammered in audits.

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Keisha Brown

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Definitely agree with this! My brother tried to save money by using some online template for cost segregation and got audited. Ended up owing way more plus penalties. Sometimes you really do get what you pay for.

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Dylan Cooper

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@Yara Khalil This is so important to emphasize! I work in tax preparation and see way too many people try to cut corners on cost segregation studies. The IRS specifically looks for certain qualifications - the engineer needs to be licensed and the study needs to follow specific methodologies. A proper study should include detailed engineering analysis, site visits, construction drawings review, and compliance with IRS guidelines. Yes, it costs more upfront, but it s'essentially audit insurance. The savings from accelerated depreciation are only beneficial if they hold up under scrutiny. For anyone considering this strategy, ask potential providers about their audit defense guarantee and make sure they have actual engineering credentials, not just tax credentials.

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Great discussion here! As someone who's been through a similar conversion, I wanted to add a few practical points. First, don't forget about the "material participation" tests beyond just Real Estate Professional status - there are 7 different tests you can meet, and some are easier than others depending on your situation. For the Airbnb conversion specifically, document EVERYTHING. Keep logs of time spent on guest communication, cleaning coordination, maintenance, marketing, etc. The IRS loves detailed records, especially for short-term rental activities since they're often more hands-on than traditional rentals. One thing that caught me off guard: if you're doing cost segregation on a duplex where only one unit becomes an Airbnb, you'll need to track the depreciation schedules separately for each unit since they have different business purposes. It's not complicated, but it's something to plan for. Also consider the state tax implications - some states treat short-term rentals differently than long-term rentals for tax purposes, which could affect your overall strategy. Worth checking with a local CPA who understands your state's rules.

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