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Just FYI - if you file for an extension but still don't file by October 15, that's when the penalties could kick in. So don't forget to actually file! I learned that lesson the hard way a few years back.
What happened when you missed the October deadline? Did they hit you with the full $435 penalty even though you had filed the extension?
I got hit with a failure-to-file penalty that started accruing after the October deadline. In my case I did owe a small amount (about $800) so the penalty was a percentage of that. It wasn't the full $435, but it was still annoying to pay extra for no reason. They also didn't process my capital loss carryforward correctly at first, which caused problems the next year. I had to call and explain the situation, and it took several months to sort out. Just not worth the hassle!
Has anyone used FreeTaxUSA for filing with capital loss carryovers? I'm wondering if it handles this situation well since I'm in almost the exact same boat as OP.
I'm a bookkeeper for several small businesses and see this situation often. One important thing no one has mentioned: You need to be able to prove your consulting work was legitimate and priced at market rate. The IRS looks closely at family business transactions to make sure they're not just tax arrangements. Make sure you have: 1. A written agreement/contract for your services 2. Invoices for work performed 3. Proof of payment (checks/transfers, not cash) 4. Documentation of actual work (reports, spreadsheets, emails) 5. Proof that your mom's business paid you a reasonable market rate Without these, even with modest vehicle deductions, you could face issues if audited.
Does it matter if the family member business is an S-Corp vs sole proprietor? My sister started paying me for IT work but her business is just a Schedule C.
The business structure does make some difference in how the transactions are reported, but the fundamental requirement that transactions be legitimate business activities at fair market value applies regardless of structure. With an S-Corp, there's typically more formal documentation and separation between the business and owner, which can help establish legitimacy. With a sole proprietor/Schedule C business, transactions between family members often receive more scrutiny because the line between business and personal is less formal.
Aren't you making this way more complicated than it needs to be? Just claim the standard mileage rate for those 325 business miles and be done with it. That's about $195 in deductions, so you'd still report $1,305 in net profit. Yeah you'll pay some tax but honestly claiming a $14k loss on $1,500 income is basically asking for an audit, especially with family transactions lol
I'm confused about one thing - if you overcontributed to your 401k, doesn't your employer's payroll system usually catch this? I thought there were limits programmed into their systems.
They only catch it within a single employer. If you change jobs mid-year like OP did, the new employer doesn't know what you contributed at your previous job unless you tell them. Each payroll system just tracks against the annual limit starting from $0 when you join.
Ah that makes sense! I've been at the same company for years so never encountered this. Seems like there should be a better system for tracking this between employers!
Just a heads up that if you decide to take the distribution, Fidelity will issue you a 1099-R for the distribution in January 2025 (for your 2024 taxes). Make sure you keep documentation showing this was a return of excess contributions so you can properly report it on your taxes. The form might not be coded correctly to indicate this was a correction, so you might need to explain it when filing.
One thing not mentioned yet - if these were employment taxes, you need to understand the Trust Fund Recovery Penalty (TFRP). The IRS can assess personally against BOTH of you the portion of taxes that was withheld from employee paychecks but not remitted. This is critical because even if your business was an LLC or corporation, the TFRP bypasses that protection. And it applies to anyone who was "responsible" for collecting, accounting for, and paying those taxes. Since you were both owners, they can come after either or both of you. Definitely work with your tax attorney on this part specifically. If your spouse was the one handling finances, there might be a way to argue you weren't a "responsible person" under the TFRP rules, though it can be an uphill battle.
This is terrifying. So even though my spouse handled all the finances and made the decision not to pay these taxes without telling me, I could still be held personally liable? Do they ever consider these kinds of circumstances?
They do consider circumstances, but you'll need to prove you weren't a "responsible person" as defined by the IRS. The fact that you were an owner and involved in the business creates a presumption that you had authority. However, your tax attorney can help build a case based on your specific role. Key factors they look at: Who had check-signing authority? Who made financial decisions? Who had the power to determine which creditors got paid? If you can demonstrate your spouse exclusively controlled these functions and deliberately kept you in the dark, you may have a case. Document everything about your roles and responsibilities in the business.
Random tip from personal experience - request your IRS transcripts ASAP! You can get them online through the IRS website. They'll show exactly what's been assessed, when, and give a complete history of your account. My ex-husband hid tax problems from me too, and when I finally got my transcripts, I discovered some of the "tax due" letters were actually for periods that had already passed the 10-year collection statute of limitations. The collection agency was still trying to collect, but they legally couldn't! Also, make sure to ask your tax attorney about "innocent spouse relief" - it might apply in your situation since your spouse concealed the tax issue from you.
Yara Abboud
Just wanted to add that self-filing a 1065 is definitely doable but pay special attention to the partner basis calculations. That's where I messed up last year and had to file an amended return. Make sure you're tracking each partner's capital contributions, distributions, and share of liabilities correctly. It gets complicated fast.
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Fatima Al-Farsi
ā¢Thanks for pointing this out. I'm a bit worried about the basis calculations. Does TaxAct walk you through determining each partner's basis properly? We had some complicated transactions this year with one partner contributing equipment instead of cash.
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Yara Abboud
ā¢TaxAct does have a basis worksheet that helps guide you through the calculations. For non-cash contributions like equipment, you'll need to enter the fair market value and adjusted basis of the property. The software should handle the Section 704(c) allocations if set up correctly. However, this is exactly the kind of situation where careful attention is required. Make sure you have proper documentation of the equipment's value and basis. The software will ask you these questions, but you need to have the right information ready. If the contribution happened this tax year, you'll also need to complete Form 8824 for the non-cash contribution. The preview method you originally suggested would likely miss these interconnected forms.
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PixelPioneer
Whichever way you go, make sure you keep track of the Section 199A information that needs to be reported on each K-1. I self-filed our partnership return last year and totally forgot about reporting each activity separately for the qualified business income deduction. Cost both partners a lot in missed deductions on our personal returns.
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Keisha Williams
ā¢Yep, this happened to me too. Had to file amended returns for both the partnership and personal returns. Such a headache. The Section 199A stuff is super easy to miss if you're not familiar with it.
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