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Need help understanding basis for Section 1231 gain from inherited LLC partnership shares

I'm trying to figure out how to handle a Section 1231 gain from an LLC partnership where I inherited the shares. My dad passed away in January 2021, and a fair market value was established for his share at that time. However, due to estate complications, I didn't officially receive the transferred share until March 2023. Just got my 2023 K-1 from this real estate partnership showing a net Section 1231 gain of $52,814 in Box 10, plus rental income of $2,510. Something seems off because I thought there would be a step-up basis for the 1231 gain since the property was sold in 2023, and I only became an official owner in March 2023. When I contacted the LLC's CPAs, they mentioned a Section 754 election was in place but admitted they didn't know about the transfer and valuation from my father's death. After providing this information, they told me to adjust my rental income by a Section 754 depreciation of $7,019, but completely avoided my questions about the Section 1231 gain and step-up basis. They've also refused to amend the K-1. My sibling got an identical share in the LLC, and their accountant insists our net 1231 gain should actually be $0 because our basis would be around $53,814 - the property couldn't have appreciated that much between when we received ownership and when it was sold. I'm totally confused about who's right. Since they won't amend the K-1, is there a way I can report a basis to reduce the 1231 gain to $0? Or does Section 754 not apply to 1231 gains? The partnership CPAs are implying it would only apply to passive rental income spread over 27.5 years. Any help would be greatly appreciated! Should a basis apply to a 1231 gain on an inherited share of a real estate LLC? If so, should it appear on the K-1 or do I enter it separately on my return? And where/how would I do that?

Dylan Cooper

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Quick question - does anyony know if this step-up basis issue with inherited partnerships will be affected by the new tax changes coming in 2025? Im in the middle of transferring property to my kids and trying to figure out the best timing.

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Sofia Perez

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The step-up basis for inherited property is always a political football, but as of now, the step-up basis rules remain intact for 2025. There was talk of limiting it for very high-value estates, but nothing has been finalized. The bigger concern is that the current estate tax exemption is scheduled to sunset at the end of 2025, dropping from approximately $13.6 million per person to around half that amount (adjusted for inflation from the pre-2017 level).

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I'm dealing with a very similar situation with my mother's LLC interest that I inherited last year. The partnership CPAs are being equally unhelpful about the Section 743(b) adjustment. What I've learned is that you absolutely have the right to claim the stepped-up basis even if they won't correct the K-1. Here's what I did: I calculated my own Section 743(b) adjustment by taking the fair market value of the partnership interest at the date of death (your outside basis) and subtracting my proportionate share of the partnership's inside basis in the assets. This difference is your basis adjustment that should offset the Section 1231 gain. You'll report the full $52,814 on Form 4797 as received from the K-1, then add a separate line showing your negative Section 743(b) adjustment. Make sure to attach a detailed statement explaining the calculation and referencing that the partnership had a valid Section 754 election but failed to properly account for your inherited stepped-up basis. The key is having solid documentation - your father's death certificate, the estate valuation establishing FMV, and any correspondence showing the partnership was aware of the Section 754 election. Don't let them intimidate you into paying taxes you don't legally owe!

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NebulaNinja

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This is really helpful! I'm new to dealing with inherited partnership interests and this whole situation has been overwhelming. Just to make sure I understand - when you calculated your Section 743(b) adjustment, did you have to get the partnership's inside basis information from the CPAs, or were you able to figure that out from other documents? My partnership CPAs have been pretty uncooperative so far, so I'm wondering if there's another way to get that information. Also, did the IRS accept your self-calculated adjustment without any issues when you filed?

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Ava Williams

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I had a very similar experience last year when I started a second job! In my case, it turned out to be an automatic recalculation of my Canada Workers Benefit. When you start earning additional income, the CRA's system can trigger a reassessment of your eligibility for various benefits. The amount you received ($386.27) sounds consistent with a CWB adjustment. What likely happened is that your new employment income put you in a different bracket for the benefit calculation, and they issued a payment to bring you up to what you should have received. Since you mentioned your CRA My Account isn't working right now, I'd suggest trying again in a few days - the system often gets overwhelmed around benefit payment periods. Once you can access it, you'll see exactly which benefit this was under the "Benefits and credits" section. Don't worry about having to return it - these automated adjustments are usually accurate. But getting the confirmation from your CRA account will give you peace of mind about what it was for.

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This is really helpful, thank you! I'm relieved to hear that these automatic adjustments are usually accurate. The timing makes perfect sense since I started my second job about 6 weeks ago - that would give the system time to process the change and recalculate my benefits. I'll definitely keep trying to access my CRA My Account over the next few days to get the official confirmation. It's good to know I'm not the only one who's experienced this kind of surprise deposit when changing employment situations!

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Dylan Wright

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I just want to chime in as someone who works in tax preparation - this type of surprise deposit is actually very common when people change their employment situation. The CRA's automated systems are constantly recalculating benefit eligibility based on updated payroll information from employers. Given that you started a second job 6 weeks ago, this is almost certainly a legitimate benefit adjustment. The most likely candidates are the Canada Workers Benefit (which adjusts based on working income changes) or a GST/HST credit recalculation. Both of these can trigger mid-year payments when your income situation changes. The $386.27 amount is right in the typical range for these adjustments. I wouldn't stress about it being an error - the CRA's benefit calculation system is quite reliable for these automated payments. Once your My Account portal is working again, you'll be able to see the exact breakdown and confirm which specific benefit it was. Keep the money - it's yours! But definitely check your account when you can access it, just for your own records and understanding of which benefits you're receiving.

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PSA: If this happens to you, also check your state tax return! When my federal return was fraudulently filed, the scammer also tried to file my state taxes. I had to go through a similar process with my state tax agency. They actually resolved it faster than the IRS did.

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Good point. I had my identity stolen last year and completely forgot about state taxes until it was almost too late. The state actually had a different form for tax identity theft than the federal one.

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I'm so sorry you're going through this - tax identity theft is incredibly frustrating and violating. Unfortunately, the 6-month wait is pretty standard, but here are a few things that might help: 1. Keep detailed records of everything - dates you called, reference numbers, names of agents you spoke with. This will be crucial if you need to follow up. 2. Consider requesting a taxpayer advocate if your case gets delayed beyond the normal timeframes. They can sometimes help expedite legitimate hardship cases. 3. As others mentioned, definitely get that IP PIN for next year. It's free and prevents this from happening again. Regarding whether the fraudster gets caught - the IRS does investigate, but they typically focus on organized fraud rings rather than individual cases. Many identity thieves use stolen information from data breaches, so they're often part of larger criminal operations that are harder to trace back to individuals. The silver lining is that you WILL get your refund eventually. I know that doesn't help with immediate expenses, but the IRS does make victims whole in these situations. Hang in there!

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Levi Parker

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Anyone have thoughts on passing the CPA exam? I'm also a B student and worried I won't be able to pass the exams, especially FAR with all the accounting rules. Would it be worth pursuing a tax career if I struggle with the CPA?

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Libby Hassan

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You don't necessarily need a CPA to work in tax. I've been in tax for 7 years with just an EA (Enrolled Agent) credential, which is specifically for tax practitioners. Much more focused on what you'll actually do day-to-day in tax, and no need to study audit or business environment topics you might never use.

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Josef Tearle

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As someone who works at a mid-size tax firm, I want to echo what others have said - your VITA experience is actually more valuable than most people realize. We regularly hire candidates who've done volunteer tax prep because it shows they can handle real client interactions and navigate actual tax software. The skills that make someone successful in tax are really different from what makes someone good at financial or cost accounting. Tax work is more about research, problem-solving, and understanding how the code applies to specific situations. You need to be able to read regulations, interpret guidance, and communicate complex concepts clearly to clients. Your B average honestly isn't a red flag at all. I'd much rather hire someone who's genuinely interested in tax and has some practical experience (like VITA) than someone with a 4.0 who's never prepared a real return. The fact that you enjoyed the tax courses and felt confident in them is a much better indicator of your potential success. Don't let that recruiter's question shake your confidence. Focus on what you enjoyed about tax work and be ready to articulate why you're drawn to this field specifically. That passion and interest will carry you much further than perfect grades in every accounting class.

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Zara Mirza

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This is really reassuring to hear from someone who actually works at a tax firm! I'm in a similar situation as the original poster - decent grades but not stellar, and I really connected with my tax classes. It's good to know that firms actually value the VITA experience. I'm curious - when you're interviewing candidates, what specific questions do you ask to gauge their genuine interest in tax work? I want to make sure I can articulate my passion effectively when I start interviewing for tax positions.

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Has anybody had luck requesting a short-term extension rather than a formal installment plan? I heard you can get 120 days to pay in full without the setup fee.

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Jamal Carter

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Yes! I did this last year when I owed about $6k. Called the IRS and requested the 120-day extension. No setup fee, and as long as you pay within that window, you avoid the installment plan fees. You'll still pay interest, but it's a good option if you can pull together the full amount within a few months.

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AstroAlpha

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I went through this exact same issue last month! That error message is incredibly frustrating, but don't panic - it's usually just a timing/processing issue, not a disqualification. Here's what worked for me: First, wait at least 7-10 business days after your return shows as "received" before trying the OPA system again. Even though they've acknowledged receiving your return, it takes time for all their internal systems to sync up. Second, try accessing the system at different times of day. I found early morning (6-8 AM EST) worked better than peak hours when their servers are overloaded. If you're still getting the error after waiting, the 120-day payment extension that Zoe mentioned is a great interim solution while you sort this out. You can request it by calling 1-800-829-1040 (yeah, the wait times are brutal, but it's worth it for the peace of mind). Don't stress too much about a few extra days - the failure-to-pay penalty is only 0.5% per month, so we're talking about a very small amount for a short delay. You've got this!

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Khalid Howes

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This is really helpful advice! I'm dealing with a similar situation and was getting stressed about the timing. Quick question - when you called that number for the 120-day extension, did you have to provide any specific information beyond your SSN and the amount owed? I want to be prepared before I spend hours on hold!

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