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Need advice on Schedule K-1 real estate partnership income - tax return taking a hit

I've been part of a small apartment building partnership since inheriting my uncle's share about 8 years ago. Every year they send me this Schedule K-1 form with a positive real estate income figure on line 2. The problem is that when I plug this into TurboTax, my refund takes a massive hit - between $625-$2,100 each year. What's frustrating is I've only received actual distribution checks twice during this entire time, totaling around $7,500, but the cumulative reduction to my tax refunds has been about $5,000. At this rate, this "investment" will end up costing me money instead of making any. I'm wondering if there's some deduction I should be claiming that I don't know about? Or is this the normal experience where you basically pay taxes on "phantom income" until the property eventually sells? Looking at Schedule E instructions, it seems the only thing that might reduce this would be Section 179 expenses? I reached out to the property management company, and they explained that the income shown is technically income, but it mainly gets allocated to cover expenses, repairs, etc. The few distributions we've gotten are just whatever's left over. When I asked about possibly selling my share, they mentioned the properties aren't performing very well anyway. Does it seem right that I should be paying substantial taxes on income I'm not actually receiving in my pocket? Any advice would be appreciated!

Nina Chan

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One thing nobody has mentioned yet - you should check if your partnership agreement has any provisions for "tax distributions." Many well-drafted partnership agreements require the partnership to distribute at least enough cash to cover the partners' tax obligations on allocated income. If your agreement has this provision, you might want to bring it up with the management company. If not, you might want to see if the partnership would consider amending the agreement to include one. It's pretty standard these days.

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Tony Brooks

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I actually hadn't thought to check the partnership agreement for that. I inherited this share and just kind of accepted what I was told. Is this something that would be obvious in the agreement or would it be buried in legal language?

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Nina Chan

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It would typically be in a section about "Distributions" or "Tax Matters." It might use language like "The Partnership shall make distributions to Partners in amounts at least sufficient to cover their tax liabilities resulting from allocated Partnership income." If you can't find your copy of the agreement, you should request one from the management company. Even without a specific tax distribution provision, you could try negotiating with the other partners. Sometimes partnerships can do special tax distributions even without a formal requirement if all partners agree.

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Ruby Knight

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I would seriously consider selling your partnership interest if possible. Phantom income with minimal distributions is a terrible investment. Even if the company says they're not doing well, there might be other partners willing to buy you out, or possibly a third-party investor. Get an independent valuation of your partnership interest rather than just accepting the management company's assessment. They have no incentive to help you exit or paint a rosy picture of the value.

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Selling a minority interest in a private partnership can be really difficult though. I tried to sell my share in a similar situation and the discounts were ridiculous - like 70% below what I thought it was worth based on the underlying real estate.

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Tax Season Experts Ready to Answer Your Filing Questions - Ask Us Anything!

Hey there tax folks! I'm part of a small team of finance writers at a national news outlet, and we've been knee-deep in tax season coverage since November. Our team has published over 50 articles addressing the most common filing headaches - everything from whether your teenager needs to file taxes to deciphering that ridiculous alphabet soup of tax forms (W-2, 1099-MISC, 1095-A, Schedule C... it never ends!). A bit about me: I've been covering personal finance for about 5 years, focusing on tax filing, retirement planning, Social Security benefits, student loan repayment options, and general consumer spending trends. I've written extensively about tax season for the past three filing periods. My colleagues include our finance team leader who previously worked at several major news outlets covering business, financial markets, and manufacturing, along with another writer who specializes in personal finance topics. Now that the 2025 tax filing season is officially underway, we wanted to share what we've learned through our reporting to hopefully make things less painful between now and the April 15 deadline. Important disclaimer: We're journalists, not CPAs or tax professionals. We can explain rules and help you understand the system better, but we can't provide individual tax advice. For personalized guidance, please consult a qualified tax professional. That said - fire away with your questions! We're here to help however we can!

Andre Moreau

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Can someone explain the Child and Dependent Care Credit for 2024 taxes? I spent about $8,400 on after-school care for my 9-year-old last year while I worked. I keep getting confused about how much I can actually claim and if there are income limits. The IRS website makes my head spin every time I try to figure it out.

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For 2024 taxes (filed in 2025), the Child and Dependent Care Credit allows you to claim up to $3,000 in expenses for one child or $6,000 for two or more dependents. The credit percentage ranges from 20-35% of those expenses depending on your income. The percentage decreases as your income increases, with the 35% rate applying to those with AGI below $15,000. For most middle-income families, you'll get 20% of your qualifying expenses. Since you spent $8,400, you'd be limited to claiming the $3,000 maximum for one child. At the 20% rate, that would be a $600 credit. This is a non-refundable credit, so it can only reduce taxes you owe to zero, not generate a refund beyond that.

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Andre Moreau

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Thank you so much for explaining! That makes way more sense now. So basically even though I spent $8,400, I can only claim $3,000 of it, and then I get 20% of that amount as an actual credit on my taxes. That's much less than I was hoping for, but at least it's something.

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Does anyone know which tax software is actually free? I make about $45k a year, have one W-2, rent an apartment, and take the standard deduction. Nothing complicated. But every year I start with a "free" version and somehow end up paying $75+ by the time I finish. It's so frustrating!

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Mei Chen

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Check out the IRS Free File program. If your AGI is under $73,000, you can file federal taxes for free. The Free File Alliance has different providers, and some even offer free state filing too. TaxAct, TaxSlayer, and 1040Now are usually good options. Make sure you go through the IRS website (irs.gov/freefile) to access the truly free versions. If you go directly to the company websites, they often push you toward paid versions.

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GalacticGuru

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My brother got audited for not reporting his side business income (about $12k yearly from personal training). The penalties and interest ended up being way more than if he'd just paid the taxes originally. Plus he had to go back and try to recreate expense records from 2 years earlier which was a complete nightmare.

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Ethan Taylor

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How did they catch him? Was it also through payment apps or did someone report him?

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GalacticGuru

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It was actually through social media. He was advertising his training services on Instagram and Facebook, and someone (probably a competitor) reported him to the IRS. They have a whistleblower program where people can report suspected tax fraud. Once they started looking into him, they found the payment app transactions didn't match his reported income. It was really stressful for him, and he ended up having to hire a tax professional to help sort everything out, which was another expense on top of the penalties.

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Does anyone know if buying equipment (like small soccer goals, training cones, etc.) would count as business expenses? I've spent like $600 on stuff for my similar setup.

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Yes! All of that counts as business expenses. Keep your receipts though. Also track mileage if you drive to buy supplies or meet clients anywhere outside your home. That adds up fast at the current deduction rate.

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Hey, Twitch Partner here! Quick tip from someone who's been doing this for years: save yourself the headache and just use a free organizer sheet to track all your streaming expenses and income throughout the year. I've found that categorizing expenses into buckets (equipment, software subscriptions, games purchased for content, etc.) makes tax time WAY easier. When you have everything organized, even the basic tax software handles it better because you're inputting clear categories rather than a jumble of receipts.

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Liam Cortez

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Do you have a template or example of how you organize everything? I've just been keeping a folder of receipts but your system sounds much better. Also, do you track things like percentage of internet/electricity used for streaming?

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I use a simple Google Sheet with columns for Date, Item, Cost, Category (equipment, games, subscriptions, etc.), and Notes (where I document why it's streaming-related). Nothing fancy but it works great! For internet and utilities, I keep it simple - I calculate the percentage of square footage my streaming setup takes in my home and the percentage of time I use it for streaming, then multiply those together to get a reasonable deduction percentage. For example, my setup is in about 10% of my home's space and I use it for streaming about 30% of the time I'm in that space, so I deduct 3% of those bills. The IRS rarely questions this method as long as you're reasonable and consistent.

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Anita George

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Question for anyone who's dealt with this before - does having streaming income (even if it's a loss) affect my eligibility for any tax credits? I'm worried about losing my earned income credit since I hear self-employment income can change things.

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Savannah Vin

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Since we've established that Twitch royalties typically go on Schedule E (not Schedule C), they don't count as earned income for the Earned Income Tax Credit. This means they won't help you qualify for the EITC, but they also won't mess up your EITC calculation from your W-2 job. However, if some of your streaming income comes from other sources (like direct donations or merchandise) that would go on Schedule C, that portion could potentially affect your EITC - though in your case with an overall loss, it probably wouldn't negatively impact your credits.

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Zara Malik

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One angle you might want to consider is having the foreign partner's LLC elect corporate status (Form 8832) AND then have that corporation qualify for benefits under an applicable tax treaty. Depending on the foreign partner's country of residence, this might reduce withholding rates. For example, if your foreign partner is from a country with a favorable tax treaty with the US (like the UK), a properly structured corporation might qualify for reduced withholding rates on certain types of income. However, this gets complicated fast because you need to consider: 1) Corporate tax at the US entity level 2) Withholding on distributions to the foreign owner 3) Branch profits tax considerations 4) Potential for treaty shopping challenges from the IRS

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Thanks for this suggestion! Do you know if taking this approach creates any issues with the foreign partner's home country taxation? I'm concerned about creating unintended tax consequences for them.

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Zara Malik

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The impact on home country taxation depends entirely on which country your partner is from. Every country has different rules for how they tax their residents on foreign income, and how they treat entities that are disregarded or classified differently in the US tax system. For instance, if your partner is from a country with a territorial tax system, they might not face additional tax on US business income. But if they're from a country with a worldwide tax system, they'll likely need to report the income regardless of the structure, though foreign tax credits may be available to offset double taxation.

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Luca Greco

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I tried something similar a few years ago with a German partner in our consulting firm. We created a Wyoming LLC owned by the German individual, and had it be the official partner in our partnership instead of the German person directly. Our tax advisor initially thought this would work, but then we got a notice from the IRS saying we still needed to withhold under Section 1446 because the LLC was a disregarded entity. We ended up having to file amended returns and pay penalties and interest for the missed withholding. The IRS specifically cited Treasury Regulation 1.1446-3 which basically says they look through disregarded entities to the ultimate owner for withholding purposes. So based on my expensive lesson, your idea probably won't work unless the LLC elects to be treated as a corporation.

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Nia Thompson

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Our partnership faced this exact issue! Did you consider having the LLC elect corporate status? We're currently evaluating that option but concerned about the additional tax burden.

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