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Filed our personal taxes, but completely forgot to submit 1065 partnership return - what should we do now?

My husband and I run a small side business together that we set up as a 50-50 partnership LLC back in 2020. We've always been good about filing everything on time until this year when things got messed up. We normally file our personal taxes (married filing jointly) and then separately file our Form 1065 for the partnership, which generates our K-1s. The LLC is pretty much just a pass-through entity - we deposit client payments into the business account and then pay ourselves, keeping the business and personal finances separate. The business itself basically breaks even. I work part-time at a regular job (with a W-2) and we both work on our partnership business. For our 2024 taxes, we used a new tax preparation service in March. I gave them my W-2 info and told them how much we earned from the business. Here's where things went wrong - they filed our personal taxes and included our business income as self-employment income on our 1040, but nobody ever filed the Form 1065 for our partnership! When I check my personal IRS account, I can see our 2024 joint return was filed and processed. But when I look at our business account, the last filing shows 2023. Since we've already reported all the income on our personal return and paid taxes on it, I don't think we owe additional money - but I'm worried about not having filed the required partnership return. Can I just go ahead and file the Form 1065 late? Will we face penalties even though we've already reported and paid tax on the income? I just want to make sure everything is properly documented with the IRS.

Ava Martinez

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Just wanted to add some additional info: If you used tax software or a tax preparer for your personal return, you might be able to go back to them and have them prepare the 1065 now. Many of them can handle late filings. When filing late, make sure you check if your state also requires a partnership return filing. Many states have separate filing requirements and penalties for partnership returns, so you don't want to fix the federal issue but overlook a state filing.

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Mei Wong

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Thank you for mentioning the state filing! I completely forgot about that. We're in Texas so I think we're okay since there's no state income tax, but I'll double check if there are any other state-level requirements for partnerships. Any idea if having a tax preparer handle this now would help with getting the penalties waived? I'm wondering if it looks better to the IRS if a professional helps fix the issue rather than us doing it ourselves.

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Ava Martinez

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You're in luck with Texas! They don't have a state income tax, so there's no equivalent partnership return filing requirement at the state level. However, make sure you're keeping up with any franchise tax requirements if those apply to your LLC. Having a tax preparer handle the late filing could potentially help with penalty abatement. They may have more experience drafting effective reasonable cause letters and can make sure everything is properly prepared. Some tax professionals also have special practitioner hotlines to the IRS that can sometimes resolve issues more efficiently. That said, the most important factor for penalty abatement is still going to be your reasoning and prior compliance history, not necessarily who prepares the form.

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Miguel Ramos

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Just a small tip - when you file the late 1065, make sure the information on the K-1s exactly matches what you already reported on your personal return. If you reported $25,000 of partnership income on your Schedule E, make sure the K-1s you generate now show exactly $25,000 in total. If there are any discrepancies, you might need to file an amended personal return, which opens up a whole other can of worms. Better to make the partnership return match what you've already reported if the amounts are reasonable.

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This is actually really important advice. I had this exact issue and my numbers were off by about $1,200 between what I reported personally and what was on the late-filed K-1. Ended up having to amend my personal return and it triggered a small audit. Total nightmare.

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Zara Rashid

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Here's what's actually happening with your situation: When you have multiple jobs, each job doesn't know about the others when calculating withholding. So they're each withholding as if that's your only income. For the small jobs that didn't withhold anything, they probably calculated that you'd be below the standard deduction if that was your only income. But when you combine all incomes, you end up in a higher tax bracket. So you haven't had enough withheld throughout the year to cover your actual tax liability. As for the dependent question - when you claim a child on your W4, you get more money in each paycheck throughout the year instead of in your refund. So your refund looks smaller, but you actually got the benefit already spread out over your paychecks!

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Luca Romano

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So should she adjust her W4 at her main job to have MORE tax taken out to compensate for the other jobs not taking enough? And is there a way to calculate exactly how much extra to withhold?

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Zara Rashid

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Yes, exactly! She should submit a new W4 to her main employer asking for additional withholding to cover the taxes from her other jobs. The easiest way to calculate this is to use the IRS Tax Withholding Estimator on their website. It lets you input information from all your jobs and will tell you exactly how to fill out your W4. You'll want to complete Step 4(c) on your W4 form which allows you to specify an additional dollar amount to withhold from each paycheck. The estimator will tell you the precise amount needed based on your multiple income sources.

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Nia Jackson

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Wait I'm confused - so is she getting the child tax credit or not? If she claims her kid on her taxes isn't she supposed to get like $2000 for the child tax credit? Where is that money if her refund went down?

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The child tax credit is still there, but it's being offset by her underwithholding from multiple jobs. She's getting the credit, but she also owes more tax than was withheld throughout the year. If she DIDN'T claim her kid, she'd owe even MORE money because she wouldn't get the child tax credit at all, plus she'd have potential penalties for inaccurate filing.

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Just a heads up - make sure you keep copies of EVERYTHING you send to the IRS regarding your 2800C notice. And definitely use certified mail with return receipt or some other trackable method. The IRS "lost" my documentation twice when I went through this last year. The third time I sent it certified with signature confirmation and magically they received it. Keep a paper trail of everything!

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Thanks for the warning! I was just going to put it in a regular envelope. Should I include anything specific with the documents to make it easier for them to process?

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Definitely include a copy of the 2800C letter they sent you on top of your documents package. Also include a brief cover letter that references your taxpayer ID (SSN), the tax year in question, and a list of exactly what documents you're enclosing. Try to make it super easy for them to match your documents to your case. I'd also recommend writing your taxpayer ID on the back of each document you send (in case pages get separated). And keep digital scans of everything you send for your own records.

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Julia Hall

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Has anyone actually had this type of issue resolved quickly? I responded to my 2800C about 8 weeks ago with all requested documents and still haven't heard anything. My "Where's My Refund" status hasn't changed at all.

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Arjun Patel

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In my experience (tax preparer), these verification issues typically take 6-12 weeks to resolve AFTER they receive your documentation. The IRS is still dealing with major backlogs. If it's been more than 12 weeks, I'd recommend calling to check status.

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Just to add another perspective - I'm an IT consultant who does similar work, and I decided to create two separate "departments" in my accounting: services (my main business) and parts sales (a tiny portion). For the parts I keep on hand, I track them as supplies under the service department since they're necessary for providing my services. If I ever sell a major component separately, I track that under the parts sales category. This system has worked well for me for years and my accountant is happy with it. Just make sure you're consistent with your approach from year to year.

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That's really interesting! So do you completely separate them on different parts of your Schedule C or just keep them separate in your internal bookkeeping? How does that work with deducting expenses?

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I just keep them separate in my internal bookkeeping for clarity, but on the Schedule C, it's still all reported together. The supplies used in services go on line 22 (Supplies), while any larger components I occasionally resell would go through Cost of Goods Sold. The benefit of this approach is that it gives me clear visibility into the different aspects of my business while still filing correctly. Most of my parts and components qualify as supplies since they're incidental to my services and relatively low in value. This also makes it easier to justify my tax treatment if I'm ever questioned, since I can clearly show what percentage of my business is service vs. product sales.

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Has anyone considered Section 179 deduction for some of the more expensive components? I found that for some of the higher-end networking equipment I keep on hand (like $500+ items), my accountant suggested using Section 179 instead of supplies or CoG since they have a longer useful life.

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Caleb Stone

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Section 179 is definitely worth considering for more expensive items, but you need to be careful about the "placed in service" requirement. Items must actually be used in your business during the tax year to qualify for Section 179, not just sitting on a shelf as backup inventory.

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Just to add a bit more clarity on the Form 3903 situation - even before the Tax Cuts and Jobs Act suspended the deduction for non-military, there were strict time and distance tests. The distance test required your new workplace to be at least 50 miles farther from your old home than your old job was. The time test required working full-time for at least 39 weeks during the first 12 months after arriving in the new location. If this is a military-related move, definitely look into amending your 2022 return. If not, unfortunately the suspension applies through 2025, so you're out of luck at the federal level.

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Does anyone know if this deduction is coming back after 2025? Or is it gone for good? I'm planning a move next year but maybe I should wait if this is coming back...

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The current suspension of the moving expense deduction is set to expire after 2025, so technically it should return in 2026 unless Congress extends the suspension or makes the change permanent. However, tax laws are constantly changing, so I wouldn't base major life decisions like when to move solely on this potential tax benefit. Many provisions of the Tax Cuts and Jobs Act are scheduled to sunset after 2025, but it's impossible to predict which ones will be extended and which will revert. If the move makes sense for your career and life circumstances, I wouldn't delay it just for a potential tax deduction that may or may not be available later.

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Has anyone successfully amended a tax return for a different reason? I'm wondering if it's worth the hassle. I think I messed up some deductions last year (not moving related) but I'm scared of triggering an audit.

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I amended a return last year to claim a missed education credit. Used the IRS Free File Fillable Forms for the 1040-X. It took about 16 weeks to process but I got an additional $1,500 refund. Just make sure you have documentation to back up whatever you're claiming.

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