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Brady Clean

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I'm in a very similar situation and this thread has been a lifesaver! My husband and I have been filing Schedule C for our LLC for the past two years, completely unaware that we needed to file Form 1065 as a partnership. After reading everyone's experiences, I have a couple of specific questions: 1. When filing the late Form 1065, do you need to pay the partnership filing fee for each year, or are there any waivers available for first-time filers who made honest mistakes? 2. Has anyone dealt with state-level implications? We're in California and I'm wondering if we need to file corrected state partnership returns as well, or if this is just a federal issue. 3. For the amended personal returns (1040-X), how long did it typically take to get your refunds processed? Since we'll be removing Schedule C income and adding K-1 income, I'm hoping there might be some refund due to different deduction treatments. I'm planning to be proactive about this like many of you recommended, but want to make sure I understand all the moving pieces before I start filing corrections. The penalty abatement options you've mentioned give me hope that this won't be as financially devastating as I initially feared!

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Val Rossi

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Great questions! I went through this exact process in California last year, so I can share some insights: 1. For the partnership filing fees - you'll need to pay the standard filing fee for each Form 1065 you submit, even if they're late. There isn't a specific waiver for "honest mistakes," but the fees are relatively small compared to potential penalties. The bigger savings come from penalty abatement. 2. California definitely requires corrected state returns! You'll need to file Form 565 (partnership return) for each year at the state level, plus amended personal returns (Form 540X) to remove the Schedule C income. California is actually pretty strict about partnership filing requirements, so don't skip this part. 3. For the 1040-X processing time, mine took about 12-16 weeks to get processed, which is pretty typical for amended returns. Whether you get a refund depends on how your K-1 income/deductions compare to what you originally reported on Schedule C. In my case, we actually owed a small additional amount due to different self-employment tax treatment. One tip: file all your federal corrections first, then tackle the state corrections once you have your corrected federal K-1s. It makes the process much smoother and reduces the chance of errors between federal and state filings.

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I've been following this thread closely as I'm dealing with a similar situation. My husband and I have had an LLC for three years and just realized we've been filing everything wrong with Schedule C instead of Form 1065. One thing I wanted to add that might help others - when you're preparing your reasonable cause letter for the IRS, be very specific about WHY you made the mistake. Don't just say "I didn't know" - explain exactly what led to the confusion. For example: "As first-time LLC owners, we relied on [specific tax software] which automatically directed us to Schedule C filing without asking about the number of LLC members or explaining partnership filing requirements for multi-member LLCs." Also, I've noticed several people mention First-Time Penalty Abatement, which is great, but remember you can only use this once every three years and only if you've been compliant with filing and payment requirements for the prior three years. If you've had other tax issues recently, you might not qualify. For those worried about the complexity - I started trying to handle this myself but quickly realized I was in over my head with multiple years of corrections. Ended up hiring a CPA who specializes in small business taxes and it's been worth every penny for the peace of mind alone. The key takeaway from everyone's experiences here seems to be: act fast, be proactive, and don't try to hide from the IRS. They're surprisingly reasonable when you come to them first with a good explanation and a plan to fix things.

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QuantumLeap

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Hey Alexander! I completely understand your confusion - this is actually one of the most common questions we see during tax season, and you're definitely not alone in being puzzled by this! Yes, the Federal ID Number and EIN (Employer Identification Number) are exactly the same thing. The IRS unfortunately uses multiple terms for the same 9-digit identifier, which creates unnecessary confusion for taxpayers. You'll also see it called "Federal Tax Identification Number" or "Employer ID Number" on different forms, but they all refer to that same 9-digit number. When TurboTax asks for your school's "federal identification number," you should absolutely use the EIN that's printed on your 1098-T form. That's exactly what they're looking for. The number will be in the format XX-XXXXXXX (with or without the dash - TurboTax will format it correctly either way). Since this is your first year claiming education expenses, make sure you're also maximizing your education credits! Depending on your income and student status, you might qualify for either the American Opportunity Credit (up to $2,500, partially refundable) or the Lifetime Learning Credit (up to $2,000, non-refundable). TurboTax should help you determine which one gives you the better benefit. Don't feel bad about being nervous - it's much better to double-check these things than to rush through and potentially make mistakes. You're doing exactly the right thing by being thorough with your first education tax return!

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Liam McGuire

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Thank you so much, QuantumLeap! This is exactly the kind of comprehensive answer I was hoping for. It's such a relief to know that this confusion is common and I'm not just being dense about something obvious. I really appreciate you breaking down the different names the IRS uses for the same number - Federal ID Number, EIN, Federal Tax Identification Number, Employer ID Number - it makes sense now why I was getting so confused trying to figure out if they were different things! Your point about maximizing education credits is really valuable too. I honestly had no idea there were different types of credits or that one could be partially refundable while the other isn't. I was just planning to take whatever TurboTax suggested, but now I understand I should pay attention to which one actually gives me the better benefit. I'm definitely going to take my time going through the education section now instead of rushing through it. Thanks for the reassurance that being thorough is the right approach - sometimes it feels like everyone else just breezes through their taxes while I'm here stressing over every little detail!

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Hey Alexander! I totally get your confusion - I went through this exact same thing when I first started filing taxes with education expenses. It's actually one of those things that seems way more complicated than it really is! Yes, the Federal ID Number and EIN are absolutely the same thing! The IRS just loves using different terminology for the same identifier, which drives everyone crazy. When TurboTax asks for the "federal identification number" for your school, you should definitely use that EIN from your 1098-T form - that's exactly what they want. The format should be 9 digits (usually shown as XX-XXXXXXX), and you can enter it with or without the dash. TurboTax will handle the formatting automatically, so don't stress about that part. Since you mentioned this is your first time claiming education expenses, make sure you understand which education credit you're eligible for! The American Opportunity Credit can be worth up to $2,500 (and part of it is refundable), while the Lifetime Learning Credit is worth up to $2,000. Your tax software should help you figure out which one gives you the bigger benefit based on your specific situation. Don't feel bad about being nervous - I was the same way my first year! It's way better to double-check everything and get it right than to rush through and potentially miss out on credits or make mistakes. You're being smart about this!

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Paloma Clark

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Thank you Kingston! This is so helpful and reassuring to hear from someone who went through the exact same confusion. I was honestly starting to wonder if I was overthinking something that should be obvious, but it sounds like the IRS terminology really is just unnecessarily confusing. I'm definitely going to take your advice about understanding the different education credits before just accepting whatever TurboTax automatically suggests. The fact that the American Opportunity Credit can be partially refundable while the Lifetime Learning Credit isn't is something I had no idea about - that could make a real difference in my refund! It's such a relief to know that being cautious and double-checking everything is actually the right approach. Sometimes when you're new to filing taxes, you feel like everyone else just knows what they're doing while you're sitting there stressing over every form. Thanks for the encouragement that it's better to be thorough than to rush through it!

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Haley Stokes

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Just want to clarify something important - while your kids need to file their own tax returns, their income does NOT disqualify them from being your dependents! I got audited last year because of confusion about this. The test is whether YOU provide more than half their support, not how much money they make. So even if your 18-year-old made $12,500, as long as that money wasn't paying for more than half of their total living expenses (think about the value of housing, food, medical, etc. that you provide), you can still claim them. This is especially important for the 18-year-old because they might try to claim their own personal exemption if they file independently, which would prevent you from claiming them.

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Asher Levin

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Do you know if college savings count as support? I paid for my kid's tuition from his 529 plan, not directly from my pocket. Does that still count as me supporting him or not since it technically came from money that was already saved?

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Harmony Love

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Yes, 529 plan distributions for qualified education expenses absolutely count as support you provided! It doesn't matter that the money was previously saved - what matters is that YOU are the one who established and funded the 529 plan, and the distributions are being used for your child's benefit. The IRS considers educational expenses paid from a 529 plan as support provided by the account owner (you), not by the beneficiary (your child). So if you paid $15,000 in tuition from his 529 plan, that counts as $15,000 of support you provided toward the total support test. This is actually a common misconception that trips people up during audits. The key is who controls the account and who made the contributions, not the technical source of the funds at the time of distribution.

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This is such a common confusion for parents! Just to add to the great advice already given - make sure you coordinate with your teens about who claims what on their returns. Since you'll be claiming them as dependents on your return, they need to check the box that says "Someone else can claim me as a dependent" on their own tax returns. If they accidentally claim themselves as dependents on their own returns while you also claim them on yours, it creates a mismatch that can delay both returns and potentially trigger correspondence from the IRS. I learned this the hard way with my oldest! Also, keep good records of what you spend on their support (housing, food, medical, school expenses, etc.) in case you ever need to prove the "more than half support" test. It's usually pretty clear-cut when they're living at home, but documentation never hurts.

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Mei Zhang

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This is such helpful advice! I'm completely new to dealing with teen tax situations and had no idea about the coordination needed between returns. Quick question - if my 17-year-old files their own return to get back withheld taxes but I'm claiming them as my dependent, do they still get to keep their full refund? Or does some of it come to me since I'm the one claiming them? Just want to make sure we handle this correctly from the start!

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Jamal Brown

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I want to add another important consideration that hasn't been mentioned yet - the timing of when you recognize your trading gains and losses for tax purposes. Since you mentioned you've been "tracking everything meticulously," make sure you understand that for tax purposes, you generally recognize gains and losses when you close positions, not when you open them. This is crucial for your quarterly estimated tax planning because if you have large unrealized gains in open positions, you won't owe taxes on those until you actually close them. Conversely, if you have unrealized losses, you can't use them to offset your tax liability until you realize them. Given that you're 8 months into the year with $78K in profits, I'd also suggest setting aside a separate "tax account" going forward - maybe 35-40% of each month's realized profits - so you're not scrambling to find cash for tax payments. Many full-time traders get caught off guard by the cash flow impact of quarterly payments, especially if they've reinvested their profits back into trading. One more tip: keep detailed records of all your trading-related expenses (platform fees, data subscriptions, home office costs, etc.) as these can significantly reduce your taxable income, whether you qualify for trader tax status or not.

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Caden Turner

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This is really solid advice about the timing of gains/losses recognition! I'm actually dealing with this exact issue right now - I have about $15K in unrealized gains sitting in some positions I've been holding for a few weeks, and I wasn't sure if I needed to factor those into my Q3 estimated payment calculation. So just to clarify - I only need to calculate my quarterly taxes based on the $78K in actually realized profits so far, not including those unrealized gains? And if I close those positions in Q4, that's when they'd count toward my tax liability? The separate tax account idea is brilliant too. I've been reinvesting everything back into trading, which is probably going to bite me when these quarterly payments are due. Going to set up a dedicated tax savings account tomorrow and start putting away that 35-40% you mentioned. Also appreciate the reminder about tracking expenses - I've been religious about tracking my trades but totally overlooked things like my TradingView subscription and the portion of my home office I use exclusively for trading. Those probably add up to a decent deduction.

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Jumping in as someone who went through this exact transition from corporate job to full-time trading last year! A few additional points that might help: 1. **Safe Harbor Rule**: Since you mentioned this is new territory, the "safe harbor" rule is your best friend. If you pay 100% of last year's total tax liability spread across four quarterly payments (110% if your prior year AGI was over $150K), you're protected from underpayment penalties regardless of how much you make this year. This gives you peace of mind while you figure out your trading tax situation. 2. **Self-Employment Tax Nuance**: Be careful about that 14.13% self-employment tax calculation mentioned earlier. If you qualify for trader tax status, your trading profits might NOT be subject to self-employment tax - they'd be treated as capital gains instead. This could save you thousands. But if you're just considered an "investor" (even an active one), then yes, you might owe SE tax. 3. **Quarterly Payment Timing**: Don't stress too much about perfect quarterly amounts. I made uneven payments my first year based on actual performance each quarter, and it worked fine. The key is making sure your total payments for the year meet the safe harbor threshold. Since you're already 8 months in with solid profits, I'd calculate 25% of last year's total tax liability and make that payment for Q3 (September 15), then reassess for Q4 based on how the rest of the year goes. This approach has saved me from both penalties and overpaying. Good luck with the transition - it's definitely manageable once you get the system down!

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This is incredibly helpful, especially the safe harbor rule explanation! I had no idea about the 100%/110% rule - that actually makes this much less stressful knowing there's a guaranteed way to avoid penalties. Quick question about the self-employment tax nuance you mentioned - how do I know definitively whether I'd qualify for trader tax status vs. being considered an active investor? You mentioned it could save thousands, so I want to make sure I understand this correctly. With 50-100 trades daily as my sole income source, it sounds like I should qualify, but I don't want to assume and then get hit with SE taxes later. Is there a specific form or election I need to file, or is it just based on meeting certain criteria? Also, for the safe harbor calculation - when you say "last year's total tax liability," do you mean just federal income tax, or does that include state taxes and other taxes too? Thanks for sharing your experience with the transition - it's reassuring to hear from someone who's been through this successfully!

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Dylan Fisher

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I went through a similar situation with my workers comp settlement last year after a back injury at my warehouse job. Got a 28% permanent disability rating and was completely confused about the tax implications. What really helped me was getting everything in writing from multiple sources. I called my state's workers compensation board directly, and they confirmed that legitimate workers comp disability payments are tax-exempt under federal law. I also got a letter from my attorney's office explaining the tax treatment of my specific settlement components. The key thing I learned is that Revenue Ruling 68-10 and IRC 104(a)(1) are pretty clear - if you're receiving compensation for a work-related injury or illness under a workers compensation statute, it's excluded from gross income. Period. No retirement requirement, no special forms needed, you just don't report it as income. One tip: I created a simple one-page summary document listing my settlement amount, the date received, and references to IRC 104(a)(1) and Revenue Ruling 68-10. I keep this with my tax records along with all the settlement paperwork. My tax preparer said this kind of documentation makes everything much smoother if there are ever any questions. Your buddy was right - these payments are tax-free. Don't let anyone convince you otherwise when you have legitimate workers comp benefits!

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@Dylan Fisher - Your approach of getting everything documented in writing from multiple sources is brilliant! I wish I had thought of that earlier. The one-page summary document you created is such a smart idea - having all the key information settlement (amount, date, and relevant tax code references in) one place would definitely make things easier for tax preparation and potential future questions. I m'definitely going to follow your example and create something similar. It sounds like having that kind of organized documentation not only helps with tax filing but also provides peace of mind knowing you have everything properly documented according to IRC 104 a(1)(and) Revenue Ruling 68-10. Thanks for sharing the practical tips along with the tax law confirmation. It s'really helpful to hear specific steps that worked well for someone else in a similar situation. The direct confirmation from your state s'workers comp board is particularly valuable - I might reach out to mine as well just to have that additional official documentation on file.

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@Savanna Franklin - I understand your confusion completely! I went through this exact same situation two years ago after a workplace injury that left me with a 40% permanent disability rating. The good news is that your workers comp settlement is absolutely tax-free under IRC 104(a)(1) and Revenue Ruling 68-10. Your buddy is 100% correct - these payments are tax-exempt, and your cousin is completely wrong about needing to be retired. The tax exclusion applies regardless of your age, employment status, or whether you're collecting a pension. The only requirement is that the payment is compensation for a work-related injury under workers compensation law. You don't need any special forms, and you don't "deduct" anything. You simply don't report the workers comp settlement as income at all on your tax return. It's excluded from your gross income entirely. Just make sure to keep all your settlement paperwork, disability rating documentation, and any correspondence from your state's workers comp board. These documents prove that your payment qualifies for the IRC 104(a)(1) exclusion. Since you can still work light duty, any future wages from that work will be taxable as normal income, but your disability settlement remains completely tax-free. Don't stress about this - workers comp disability settlements have very straightforward tax treatment when they're legitimate compensation for workplace injuries like yours!

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