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Just wanted to add that I had this EXACT problem 2 years ago. The key thing to remember is that the IRS and Social Security Administration are separate systems that talk to each other but not in real time. When you file taxes, they check your name/SSN combo against what the SSA has RIGHT NOW. So if your name change isn't fully processed in the SSA system yet (which it doesn't sound like it is), then you need to use your maiden name. Next year will be different - you'll use your married name once you have that new social security card. Don't worry though, the IRS understands people get married and change names all the time!
Do you know if this applies to divorce name changes too? I'm going back to my maiden name after divorce but haven't updated my SS card yet. Should I file with my married name still since that's what's on my current card?
Yes, the same principle applies to divorce situations too. You should always file with whatever name is currently in the Social Security system, which would be your married name until you complete the name change process with the SSA. Even if you've started the process to change back to your maiden name, until it's fully processed and you receive your new card, the SSA database still has your married name. Filing with anything else will cause a rejection.
Quick tip from someone who processes tax returns for a living - if your return got rejected due to a name/SSN mismatch but you already e-filed, you have two options: 1. Correct the name on your return to match what's in the SSA system (your maiden name) and e-file again 2. Print and mail a paper return with your maiden name If you go with option 1, make sure EVERYTHING matches what's on your social security card - even middle initials and suffixes matter. If your SSN card says "Jane A. Smith" don't put "Jane Ann Smith" on your tax return. Option 2 takes longer to process (like 6-8 weeks longer) but sometimes it's necessary if e-filing keeps giving you problems. Just make sure to sign and date the paper return!
Just a heads up from someone who went through this last year - back taxes have to be mailed in paper form! I tried to e-file my 2021 and 2022 returns through TurboTax in January and kept getting errors. Turns out once the e-file deadline has passed for a tax year, you can only submit paper returns. Also, send them via certified mail so you have proof the IRS received them! I learned this the hard way when one of my returns got "lost" and I had no way to prove I had sent it.
How long did it take to get your refund after mailing in the paper returns? And did you mail them all together or separately?
It took about 12 weeks to get my refund after mailing in the paper returns. That's much longer than the typical 21 days for e-filing, but expected for paper returns. The IRS is still working through backlogs. I mailed each tax year in separate envelopes to different processing centers. The IRS has different mailing addresses depending on your state and the tax year, so definitely check the IRS website for the correct address for each return. Don't bundle them together - each year needs to go to the specific processing center for that tax year.
Don't forget that if you're owed a refund, you only have 3 years to claim it! So for your 2021 taxes, you'd need to file by April 15, 2025 or you lose that refund forever. If you OWE money instead, there's no time limit for the IRS to collect, but penalties and interest keep accruing the longer you wait to file. I back filed 4 years of taxes in 2023 and the process wasn't as bad as I expected!
What software did you use for your back filing? I'm trying to figure out the most affordable option since I have to do multiple years.
Don't forget to check if your LLC's agreement has any specific language about debt guarantees and allocations. Ours had a special provision that said debt basis would be allocated according to capital contributions regardless of guarantees, which apparently overrides the default tax rules. Our tax attorney said this was enforceable as long as it had "substantial economic effect" under 704(b). Might be worth checking your docs for similar provisions.
Our operating agreement doesn't have anything specific about debt allocations, just the standard profit/loss percentages. Does that mean we default to allocating based on the guarantees? And what if a member who guaranteed the debt has a negative capital account - does that change anything?
Without specific debt allocation provisions, you'll default to the general tax rules which typically assign recourse debt basis to those bearing the economic risk of loss - meaning your guarantors. A negative capital account doesn't change the debt allocation rules, but it's actually a good sign that the member might need that debt basis. The debt allocation essentially helps prevent a partner from going too negative in their capital account. This is why guarantors often want that debt basis - it gives them more ability to take losses without triggering basis limitations.
Our LLC had this exact issue last year. We ended up allocating the debt 50/50 to the two guarantors for basis purposes, but then had a separate "guarantee fee" that the non-guaranteeing members paid to the guarantors as compensation for taking on the risk. This fee was negotiated as a percentage of the debt guaranteed. Might be a fair way to handle the economic reality that some members are taking more risk than others.
I may be missing something here, but I think another option might be to look at the regular home office deduction rather than the Augusta Rule. If you're using a space exclusively and regularly for business storage, you can deduct that percentage of your home expenses (mortgage interest, utilities, etc.). For example, if the storage area is 10% of your home's square footage, you can deduct 10% of those expenses. This might actually be more beneficial than trying to charge your business a "rental fee" under Section 280A(g).
Thanks for this perspective! One question though - does the storage area need to be COMPLETELY exclusive to inventory? Like, I keep most of my supplies in plastic bins that are stacked against one wall of the spare bedroom. The room is maybe 200 sq ft total, but the storage probably only takes up about 40 sq ft. Can I deduct just that portion?
The general rule is that the space needs to be used exclusively for business, but there's a special exception for inventory storage. If you're selling products as your business (which you are), and your home is the only fixed location of that business, you can deduct the space used for inventory storage even if it's part of a room. In your specific case, you could potentially deduct the 40 sq ft used for storage, not the entire 200 sq ft room. You'd calculate what percentage that 40 sq ft is of your entire home's square footage. So if your home is 2,000 sq ft total, you'd be deducting 2% (40 รท 2,000) of your eligible home expenses.
The confusion here seems to be mixing up two different tax concepts. The Augusta Rule (280A(g)) lets you rent your WHOLE home to your business for up to 14 days tax-free. This is great for business meetings, photo shoots, training events, etc. For ONGOING storage, you want the home office deduction specifically for inventory storage (different part of tax code). You can claim the actual space used even if the room isn't exclusively for business. I made this mistake and got flagged for audit! Don't try to use the Augusta Rule for year-round storage - it won't fly with the IRS.
Can you do both in the same year though? Like use regular home office deduction for the storage space, but also use Augusta Rule to rent your living room to your business for a few days for meetings?
Miguel Alvarez
Don't forget you can also use Form 4852 (Substitute for W-2) if you absolutely cannot get your W-2s in time! You'll need to estimate your income and withholding based on paystubs or other records. I had to do this one year when a small startup I worked for went under suddenly.
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Zainab Yusuf
โขDoes using Form 4852 cause any red flags with the IRS? I'm always paranoid about doing anything unusual on my taxes that might trigger an audit.
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Miguel Alvarez
โขUsing Form 4852 by itself doesn't automatically trigger an audit or create red flags. It's an officially recognized form specifically created for situations like this. However, it's important to be as accurate as possible with your estimates to avoid discrepancies. The key is documenting how you arrived at your figures - keep copies of your paystubs or any other records you used to calculate the amounts. If your employer eventually provides a W-2 that differs significantly from your estimates, you should file an amended return. The IRS understands that you're doing your best with the information available to you when your employer fails to fulfill their legal obligation.
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Connor O'Reilly
Late to this thread but if ur still looking for those W2s u should try checking the IRS website directly. The IRS actually gets copies of W2s from employers and sometimes u can access them through the "Get Transcript" feature on irs.gov if your employer actually submitted them to the IRS. Saved me last year when my W2 got lost in the mail!!
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Yara Khoury
โขJust be aware the Get Transcript feature on irs.gov won't have your W-2 info until several weeks after employers submit them to the IRS. And if your employer is generally disorganized enough to not send your W-2 to you, they may not have submitted it to the IRS either.
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