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Ask the community...

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Yara Abboud

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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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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

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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

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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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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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Demi Lagos

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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.

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Mason Lopez

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What happened when you missed the October deadline? Did they hit you with the full $435 penalty even though you had filed the extension?

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Demi Lagos

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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!

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Vera Visnjic

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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.

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I've used FreeTaxUSA for the last 3 years with capital losses. It handles carryovers pretty well - you just need to enter the previous year's carryover amount in the right field. The interface is a bit basic but it gets the job done and it's way cheaper than TurboTax.

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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.

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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.

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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.

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Emma Morales

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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

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This is the most sensible advice here. The standard mileage rate is so much simpler and the IRS rarely questions it as long as you have a mileage log. Taking huge vehicle depreciation for minimal business use is asking for trouble. The IRS isn't stupid.

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Chloe Taylor

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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.

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Diego Flores

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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.

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Chloe Taylor

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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!

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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.

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Discovered unpaid business employment taxes from years ago - now in collections

So I just found out about a tax nightmare from our former business that my spouse never told me about. Pre-pandemic, we ran an events-based business together. I handled operations while my spouse managed all the finances. When COVID hit, like many event businesses, we struggled but tried to hold on as long as possible before eventually shutting down. Fast forward to this week - I happened to grab the mail (my spouse usually does this) and found 4 letters from the IRS addressed to me personally. They stated my account had been transferred to a private collections agency. I was completely blindsided. After confronting my spouse and doing some digging, I discovered that for the final two years of our business, the employment taxes weren't being paid. When I asked about it, my spouse admitted they couldn't cover all the bills and chose to skip the employment taxes. They kept this hidden from me "to avoid stressing me out" and have been hiding the letters ever since. The balance now stands at over $40,000 with all the penalties and interest. I'm beyond furious and completely overwhelmed. This is money I absolutely don't have. My main questions: If this continues to go unpaid, will they eventually garnish our wages? Do I have any options besides paying this enormous amount? Is there any possibility of getting some of the penalties waived? I'm already reaching out to a tax attorney, but wanted to hear from others who might have dealt with something similar.

Nia Harris

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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.

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Omar Hassan

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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?

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Nia Harris

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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.

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GalaxyGazer

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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.

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This! I got transcripts and found out the collection agency was trying to collect on some taxes where the assessment date was 12 years ago. When I pointed this out, they immediately removed $9k from what I "owed" because it was past the statute. Collection agencies often don't check this.

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