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One thing I haven't seen mentioned yet - make sure you're comparing the RIGHT numbers when deciding between the tuition deduction and education credits. The tuition deduction reduces your taxable income, so its value depends on your tax bracket. If you're in the 22% bracket, a $4,000 deduction saves you about $880. The American Opportunity Credit can be worth up to $2,500 and is partially refundable. The Lifetime Learning Credit can be worth up to $2,000. In most cases, the AOTC is the best choice if you qualify, followed by LLC, with the tuition deduction usually being the last choice. But everyone's situation is different!
Can you explain more about how to calculate which is better? I paid about $12,000 in tuition for my master's degree in 2019, and I'm trying to figure out if I should amend.
Sure! The calculation depends on your tax situation and what education expenses you had. For a master's degree, you wouldn't qualify for the American Opportunity Credit (it's only for undergrad), so you're choosing between the Lifetime Learning Credit and the tuition deduction. With $12,000 in qualified expenses, you could claim a Lifetime Learning Credit of 20% of that amount, up to the maximum of $2,000. So your LLC would likely be the full $2,000. For the tuition deduction, you could deduct up to $4,000, but the tax savings depend on your tax bracket. If you're in the 22% bracket, that's a savings of $880. In the 24% bracket, it's $960. So in your specific case with graduate school expenses, the Lifetime Learning Credit would likely be more beneficial than the tuition deduction.
Has anyone amended for multiple years? I missed claiming this for both 2018 and 2019. Not sure if I should do separate amendments or combine them somehow.
You need to file separate 1040-X forms for each tax year. I did this last month for both 2018 and 2019. Make sure to mail them in separate envelopes too, as they go to different processing centers depending on the tax year.
Has anyone had luck getting TurboTax support to help with this? I've had the same issue for 3 years running and their regular support seems clueless about RSUs.
Their regular support is useless for this, but I paid extra for TurboTax Live last year and got connected with a CPA who actually knew about RSUs. She walked me through exactly where to make the adjustments in the software. Worth the upgrade if you're dealing with this regularly. She also helped me create a spreadsheet to track my RSU basis for future years, which has saved me tons of time.
One last tip that helped me with RSU reporting: Make sure you're using Form 8949 correctly. Your 1099-B will report your RSU sales with a checkbox in Box 3 marked, which means the basis wasn't reported to the IRS. In TurboTax, you'll need to mark these transactions as "Adjustment code B" and enter the correct basis. The software should then generate a statement explaining the adjustment (that you already paid tax on the RSU income through your W-2). This helps prevent getting a CP2000 notice from the IRS later questioning the discrepancy.
This is super helpful - thank you! I just checked and my 1099-B does have that box checked. I'll make sure to use the adjustment code when I'm fixing this in TurboTax. Is this something that the IRS commonly flags? I'm worried about getting some kind of automated notice even if I do everything correctly.
It is something the IRS automated system flags if you don't handle it correctly, which is why using the proper adjustment code is important. Their matching system will compare your 1099-B to what you report, and if you don't explain the discrepancy properly, it can trigger a notice. But if you use code B on Form 8949 and include the explanation statement that TurboTax generates, you should be fine. I've been reporting RSUs this way for 5 years and never had an issue. The key is making sure you have documentation of your cost basis (like that supplemental tax form from your brokerage) in case you ever need to prove it.
Former tax accountant here. Consider the Series LLC structure if it's available in your state. It's specifically designed for situations like yours where you want separate liability protection and accounting for different divisions/owners while maintaining a single overall entity. The Series LLC essentially creates separate "cells" within one LLC, each with its own assets, members, and operations. Each series can have different ownership percentages and expense structures while still filing under a single tax ID.
Thanks, this is really interesting! I hadn't heard of the Series LLC before. Is this available in most states? And would each owner still get a K-1 showing their specific income after their individual expenses?
Series LLCs are currently available in about 20 states including Delaware, Texas, Illinois, and Nevada (among others), but the laws vary significantly by state. Even if your state doesn't allow them, you can form one in a state like Delaware and register it as a foreign entity in your home state, though this adds some complexity. Each owner would still receive a K-1 reflecting their share of income based on the operating agreement terms. The operating agreement would specify how individual expenses are accounted for before calculating each person's distributive share. This approach gives you the liability benefits of separate entities with the administrative simplicity of a single filing.
Has anyone considered just doing a simple partnership agreement instead of all these complicated LLC structures? We had 6 partners with varying ownership and just used a solid partnership agreement that specified how expenses were handled. Way less paperwork and fees.
I wouldn't recommend a general partnership for this scenario. Without the LLC structure, all partners have unlimited personal liability for business debts and legal issues. That's a huge risk with 10 different people involved who all have separate business activities! An LLC provides crucial liability protection that a plain partnership doesn't.
One important thing to consider that nobody has mentioned yet: when you're selling those ABC shares, think about WHICH specific shares you're selling. If you acquired them at different times/prices, you can choose which tax lots to sell to maximize your tax benefits. Most brokerages now let you specify which lots you want to sell rather than using the default FIFO (first in, first out) method. This could make a significant difference in your total realized losses depending on your specific situation.
That's a great point I hadn't considered. I acquired the shares in three different grants over about 2 years, with different purchase prices. Would I need to specifically tell my broker which lots to sell, or is that something I can handle when I file my taxes?
You need to specify which lots you want to sell at the time of the sale - you can't decide later when filing taxes. Most online brokerages have this option during the trade execution process, usually called "tax lot selection" or something similar. If your broker's online platform doesn't make this obvious, call their customer service before placing the trade. Once the trade settles, you typically can't change which lots were sold, so it's important to get this right the first time. This kind of specific lot identification can make a substantial difference in your tax situation.
Have you considered not selling all at once? Maybe do a portion this year and more next year? Especially with that ABC stock, since you're thinking it could recover somewhat. That way you spread out the tax benefits over multiple years and don't have to realize all those losses if you still believe in the company long-term. Just a thought.
This is good advice. You can offset up to $3k of ordinary income per year with capital losses beyond what you use to offset gains. So if OP doesn't need to offset all $87k in gains this year, they could realize some losses now and carry the rest forward.
Oliver Schulz
One thing nobody has mentioned is that you should request an account transcript directly from the IRS. This will show all transactions on your account including payments received. You can get this online through the IRS website if you have an account set up, or request it by mail using Form 4506-T. The transcript will show if your payment was received and where it was applied. Sometimes payments get applied to the wrong tax year or even the wrong type of tax. Having this documentation will be really helpful if you need to dispute the lien/levy threat.
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Miguel Ramos
ā¢Thanks for this suggestion! I didn't even know I could request a transcript. Will this show pending actions on my account too, like if they're actually processing a lien? And how far back does it go - will it show the original CP2000 issue from 2017?
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Oliver Schulz
ā¢Yes, the account transcript will show pretty much everything related to that tax year, including the CP2000 adjustment, any penalties or interest assessed, and your payment. It should also show any collection actions being considered or initiated. The transcript goes back the full timeline for that specific tax year, so your 2017 transcript will show everything from when you first filed that return up through current actions. When you request it, make sure you're getting the "account transcript" specifically (not just the "tax return transcript") and for tax year 2017. This is the most comprehensive record of all transactions and will be your best evidence if you need to dispute anything.
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Natasha Orlova
Has anyone had success getting these issues resolved by visiting a local IRS Taxpayer Assistance Center in person? I'm in a similar situation and wondering if that might be faster than trying to call.
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Javier Cruz
ā¢I did this last year for a payment issue. You need to schedule an appointment first (can't just walk in) by calling 844-545-5640. They were able to pull up my account and confirm my payment had been received. Took about 2 weeks to get an appointment but the actual visit was only about 30 minutes.
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Natasha Orlova
ā¢Thanks for the tip about needing an appointment. Did they actually resolve your issue during the visit or did you still have to wait for processing? I'll try calling that number tomorrow to schedule something.
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