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Has anyone dealt with a situation where they're a member of a multi-member LLC taxed as a partnership, but have different liability allocations for different LLC debts? I guarantee some loans but not others, and I'm not sure how to calculate my basis correctly.

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Kylo Ren

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I had this exact situation! The key is to look at each liability separately. For loans you've guaranteed, you'll include your portion in your basis under the rules for recourse liabilities (Reg 1.752-2). For loans you haven't guaranteed, you'll only get basis to the extent they're considered nonrecourse liabilities allocated to you under Reg 1.752-3. The partnership should really be providing this breakdown on a supplemental statement with your K-1, but many don't. I had to request a specific "752 liability allocation schedule" from our partnership's accountant to get the correct numbers.

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Thanks for the explanation! I just called our LLC's accountant and she's sending over the liability schedule tomorrow. She mentioned something about "qualified nonrecourse financing" for some of our real estate loans that apparently gets special treatment. I'm starting to see why my tax software was struggling with this - the rules are way more complex than I realized.

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This is a great discussion that highlights how confusing partnership basis can be! I've been dealing with similar issues with my LLC interest. One thing I learned from my CPA is that the software warnings are often overly cautious because they can't analyze the specific terms of your operating agreement. The reality is that many LLCs have hybrid structures where members might have limited liability for some debts but economic risk of loss for others. Your basis calculation needs to reflect your actual economic exposure, not just your legal classification as a "limited partner." I'd recommend getting a copy of your LLC's operating agreement and looking for any sections about guarantees, capital calls, or deficit restoration obligations. These provisions can significantly impact how partnership liabilities affect your outside basis, even if you're technically a limited member. Also, don't forget that if you've been understating your basis due to software limitations, you might be able to amend prior returns to claim losses that were previously suspended. The statute of limitations for claiming refunds is generally three years, so it's worth reviewing your last few returns if you think you've been missing out on legitimate loss deductions.

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This is exactly what I needed to hear! I've been dealing with this same software warning for months and getting frustrated. My LLC operating agreement does have some provisions about capital calls that I hadn't considered might affect my basis calculation. You mentioned looking for "deficit restoration obligations" - could you explain what those are? I see something in our agreement about members being required to restore negative capital accounts under certain circumstances, but I'm not sure if that counts as economic risk of loss for basis purposes. Also, regarding amending prior returns - do you know if there's a specific form or process for claiming previously suspended losses? I suspect I might have missed out on some deductions over the past couple years due to this basis confusion.

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Some practical advice from someone who went through this: document EVERYTHING. Make a spreadsheet showing all expenses for the kids with dates and amounts. Gather bank statements, cancelled checks, receipts for big purchases, school records showing your address, medical records, etc. Even if you decide not to file an amended return, having this documentation ready will help if the IRS contacts you. And FYI - there's a 3-year statute of limitations for amending returns, so you do have some time to decide.

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This is a really tough situation, and I can understand wanting to claim what you're legally entitled to while also not wanting to create unnecessary problems. One thing that might help is getting a consultation with a tax professional who can review your specific situation and documentation before you make any moves. From what you've described, if you truly were head of household, provided more than half the support, and the children lived with you for more than half the year, you likely have a valid claim. The key is having solid documentation to back this up - receipts for housing costs, utilities, groceries, medical expenses, school supplies, etc. Regarding penalties for your ex, the IRS typically distinguishes between honest mistakes and intentional fraud. If she genuinely believed she was entitled to claim the children, the consequences would likely be limited to paying back the tax benefits plus interest and possibly a 20% accuracy penalty. However, if the IRS determines it was willful fraud, penalties can be much steeper. Before filing an amended return, you might consider one more conversation with her, perhaps suggesting you both consult tax professionals to understand who actually qualifies. Sometimes having a neutral third party explain the rules can help avoid the dispute altogether. The $4,800 difference is significant, but so is maintaining a workable co-parenting relationship if possible.

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Jibriel Kohn

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This is really sound advice. I'm dealing with a similar situation and the suggestion about both parties consulting tax professionals separately first is brilliant. It removes the emotional aspect and lets neutral experts evaluate the facts. I've been putting off addressing this with my ex because I know it's going to cause drama, but you're right that $4,800 is substantial money that could make a real difference. The documentation piece is crucial too - I started gathering everything last week and realized I had way more proof of support than I initially thought. Has anyone here actually been through the IRS investigation process when both parents have good documentation? I'm wondering how they handle cases where it's not completely clear-cut.

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Teresa Boyd

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Hey Savannah, I completely understand your anxiety about this - I've been there! The 26th is when they mail it out, not when you'll receive it. From my experience with mailed refund checks, you're typically looking at 5-7 business days after that mail date for delivery, sometimes up to 10 days depending on your location and postal service efficiency. I'd definitely recommend signing up for USPS Informed Delivery like others mentioned - it's free and will give you peace of mind by showing you exactly when your Treasury check is coming. Also, if you're worried about the medical bills, consider reaching out to your providers to explain the situation - many are understanding and will work with you on payment timing if you can show them your WMR status. The waiting is definitely the hardest part, but your check will arrive! Hang in there! šŸ’™

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This is all really great advice! I'm also dealing with a mailed refund check for the first time and the uncertainty is killing me. Teresa, your point about contacting medical providers is spot on - I called mine yesterday and they were super understanding when I showed them my WMR screenshot. They gave me a 2-week extension no questions asked. Has anyone here ever had their check get lost in the mail? That's my biggest fear right now! 😰

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Ava Martinez

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Hey Savannah! I totally feel for you - that waiting period when you really need the money is so stressful! Just to add to what everyone else has said, the 26th is definitely the mail date, not the delivery date. I've had to do paper checks a few times over the years due to various bank issues, and it's always been 5-7 business days after that mail date for me (I'm in a suburban area). One thing I learned is that Treasury checks from the IRS come in a very distinctive white envelope with clear government markings, so they're pretty easy to spot when they arrive. Also, if it makes you feel any better, these checks are actually pretty secure - they have multiple security features and can be reissued if something goes wrong. The USPS Informed Delivery suggestion is golden - I wish I had known about that during my first paper check experience! Try to stay positive, and definitely reach out to your medical providers if you need a short extension. Most are very understanding about tax refund timing. You've got this! šŸ’Ŗ

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Joy Olmedo

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This is such helpful info, Ava! I'm also a newcomer to the paper check process and had no idea about the distinctive envelope - that actually makes me feel a lot better about being able to spot it when it arrives. The security features you mentioned are reassuring too. I've been worried about it getting lost or stolen from my mailbox. Quick question for anyone who's been through this - do these Treasury checks require a signature upon delivery, or do they just go in your regular mailbox? I'm wondering if I need to be home when it arrives or if I can just check my mail normally. Thanks everyone for being so supportive and sharing your experiences - this community is amazing! 😊

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Just joined this community after stumbling across this thread and WOW, I had no idea this was such a widespread issue! Filed my MS state return on February 20th and I'm going on 12 weeks of waiting too. My federal refund came through in 19 days but Mississippi seems to be stuck in molasses. Called the DOR twice - first rep said 6-8 weeks, second one said "could be 14+ weeks due to system upgrades." That "where's my refund" tool has been my daily dose of disappointment, stuck on "processing" since March. It's honestly relieving to know I'm not alone in this but also concerning that SO many people are dealing with the same thing. Seems like Mississippi really wasn't prepared for whatever changes they implemented. Crossing my fingers we all get some good news soon! šŸ¤ž

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Welcome to the waiting room Chloe! šŸ˜… Just joined too and filed mine on Feb 23rd - same exact situation with the "processing" status that never changes. It's crazy how consistent everyone's experience is but also frustrating that Mississippi clearly wasn't ready for their own system changes. The fact that federal refunds work fine but state is a complete disaster really shows where the problem is. At least we found this community to commiserate! Hopefully we'll all have better news to share soon šŸ™

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Amara Eze

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New to this community but sadly not new to this frustrating situation! Filed my MS state return on February 7th and still crickets - going on 13+ weeks now. 😫 Reading through everyone's experiences here is both comforting and maddening. My federal refund hit my account in just 14 days but Mississippi seems to be operating in slow motion. Called the DOR three times and got three wildly different answers - first said 4-6 weeks, second said 8-10 weeks, and the third rep told me "up to 18 weeks due to enhanced security protocols." That "where's my refund" tool is basically digital torture at this point - been frozen on "processing" since late February. What really gets me is how unprepared Mississippi was for their own system changes. You'd think they would have scaled up processing capacity BEFORE implementing new fraud measures, not after people started complaining. Anyway, grateful to find this thread - at least we can all suffer together while waiting for the great state of Mississippi to figure out basic government services! šŸ™„

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Ellie Perry

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Welcome Amara! Just found this thread myself and wow, what a mess Mississippi has created. Filed mine on Feb 24th and I'm at 11+ weeks of the same "processing" limbo. The fact that you've gotten three completely different timelines from their own reps just shows how chaotic their system is right now. It's honestly shocking that they rolled out new security measures without having the infrastructure to handle them. Federal refunds prove the system CAN work efficiently, but Mississippi is just... not. At least we've all found each other in this waiting game nightmare! Hopefully things start moving soon for all of us šŸ¤ž

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10 Since nobody else mentioned it - yes, the 7.65% employer portion is a business expense that's tax deductible! So while you're paying that extra amount, it does reduce your overall business income for tax purposes. Let's say you're an S-corp or LLC with profits around $150k. That employer portion of payroll taxes would reduce your taxable business income. Depending on your tax bracket, this could offset roughly 22-37% of the cost.

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11 Does this apply to self-employed individuals too? I'm a freelancer and I know I pay the full 15.3% self-employment tax, but can I deduct half of that as a business expense?

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Diego Fisher

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Yes! As a self-employed individual, you can deduct half of your self-employment tax (which is equivalent to the "employer portion") as an above-the-line deduction on Form 1040. So if you paid $3,060 in self-employment tax, you can deduct $1,530 directly from your adjusted gross income. This deduction is taken regardless of whether you itemize or take the standard deduction, which makes it particularly valuable. It's on Line 15 of Form 1040 if you're filing your own return.

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Just wanted to add some practical advice from someone who's been doing payroll for small businesses for over 8 years - make sure you're also budgeting for workers' compensation insurance, which varies dramatically by industry. For landscaping like yours, it can be quite expensive (sometimes 3-8% of payroll) since it's considered higher risk. Also, don't forget that some states have additional payroll taxes beyond what's been mentioned. For example, California has State Disability Insurance (SDI) that employers contribute to, and New Jersey has both disability and family leave programs. These can add another 0.5-1% to your employer costs. I'd recommend setting up a separate account where you automatically transfer about 12-15% of each payroll to cover all these taxes and fees. It prevents the shock when quarterly payments are due and helps with cash flow planning.

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This is incredibly helpful advice! I hadn't even thought about workers' comp being so high for landscaping. Do you know if there are ways to get better rates on workers' comp, like safety training programs or anything like that? Also, the separate account idea is brilliant - I've been scrambling every quarter trying to figure out how much we owe. What percentage would you recommend for a landscaping business specifically, given the higher workers' comp costs you mentioned?

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