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Have you considered just filing Form 1065 (Partnership Return) manually? If your tax software can't handle the specific ownership percentages, sometimes going old school is the easiest solution. Your LLC with multiple members is treated as a partnership by default for tax purposes anyway. You'll need to prepare Schedule K-1s for each member showing their specific ownership percentage, distributive share of income, deductions, etc. It's not as complicated as it sounds for a simple LLC with just two members.
Honestly I hadn't considered doing it manually since I'm pretty intimidated by all the tax forms. Is Form 1065 something a regular person can figure out without an accounting background? And how would I calculate all the specific numbers for the K-1s?
Form 1065 is definitely doable without an accounting background, especially for a small, straightforward LLC with just two members. The IRS provides detailed instructions, and there are plenty of free guides online. For the K-1s, you basically take each income and expense item and allocate them according to your ownership percentages. So if your LLC had $10,000 in profits, your wife's K-1 would show $5,100 (51%) and yours would show $4,900 (49%). Same with deductions and credits. The actual form walks you through each line item. The trickiest part is usually just gathering all your business income and expense information, which you'd need to do for any tax preparation method anyway.
Quick question - are you guys actually operating as an LLC taxed as a partnership? Or did you elect to be taxed as an S-Corp? That makes a huge difference in how you file and which forms you need.
We're just a regular LLC with no special tax elections. When we formed it, we didn't do anything special with the IRS, so I think we're taxed as a partnership by default? Now I'm worried we messed that up too...
You're good then! You're right that a multi-member LLC is taxed as a partnership by default if you didn't make any special elections. You'll need to file Form 1065 and prepare K-1s for both of you showing the 51/49 split. One more thing to consider - if this is your first year filing, make sure you've obtained an EIN (Employer Identification Number) from the IRS. You'll need this for your partnership return. If you haven't done this yet, you can get one instantly online through the IRS website.
I think the Forbes article might have been technically correct but just explained it poorly. The 15.3% is Social Security (12.4%) + Medicare (2.9%). The Social Security part only applies up to the wage base (which changes yearly). The Medicare 2.9% applies to all SE income. The ADDITIONAL 0.9% Medicare tax (which brings it to 3.8% total) kicks in at higher income levels ($200k/$250k). The article maybe just didn't mention this additional tax? Either way, I agree that tax info is confusing. I always double check the IRS website and cross-reference with Publication 15 and Publication 334.
But that's still wrong - the total isn't 3.8%. The Additional Medicare Tax is 0.9%, which when added to the 2.9% regular Medicare tax equals 3.8%. Is that what you meant?
Yes, that's exactly what I meant. The base Medicare tax is 2.9% on all SE income. Then the Additional Medicare Tax of 0.9% kicks in at those higher income thresholds, bringing the total Medicare portion to 3.8% (2.9% + 0.9%). I should have been clearer in my wording. Thanks for pointing that out. This conversation perfectly illustrates how even small differences in how tax concepts are explained can lead to confusion!
Has anyone else noticed that the wage base for Social Security taxes increases every year? In 2023 it was $160,200, up from $147,000 in 2022. For 2025 it's expected to be around $168,600. This is why old articles can be misleading - tax numbers change annually but articles rarely get updated!
The wage base is tied to the National Average Wage Index so it automatically increases with inflation. It's gone up dramatically in recent years because wages have been rising so quickly. You can always find the current wage base on SSA.gov rather than relying on articles that might be using outdated numbers.
For anyone who finds this thread later - I recommend planning ahead for next year! Set a calendar reminder 2-3 weeks before the deadline. I've been using the IRS-approved "Free File Fillable Forms" for my 7004 extensions which is completely free, but you need to set up an account ahead of time and it can be a bit clunky to use if you're rushing.
Don't forget that filing an extension only extends your time to FILE, not your time to PAY any taxes due. Make sure you're still paying your estimated tax liability by the original deadline to avoid penalties and interest, even if you're extending the actual filing.
Don't forget to check if your husband's company provided a Form 3922 for the ESPP purchases. This form provides the information needed to calculate your basis and holding periods. For the matched shares, some companies treat them as RSUs rather than part of the ESPP program, which might explain why they're handled differently. In my experience, the key is determining if tax was already withheld when the matched shares were granted. Check his paystubs from around the grant dates - sometimes the income and withholding for stock compensation appears there but is aggregated differently on the W-2.
I'll definitely look for Form 3922! And good point about checking his paystubs - I hadn't thought to look there. Is there any specific section on the paystub where stock compensation typically appears? Also, if the matched shares are treated as RSUs, would that change how we calculate the basis?
Stock compensation usually appears as a separate line item on paystubs, often labeled something like "Stock Awards" or "Equity Compensation." Sometimes it's under a non-cash benefits section. Look at paystubs from periods immediately following grant dates, as that's when the income would typically be recognized. If the matched shares are treated as RSUs, the tax treatment is actually similar, but the timing might be different. With RSUs, the taxable event occurs at vesting, not at grant. The FMV at vesting becomes your basis, and any subsequent appreciation is capital gain. With matched ESPP shares, the taxable event is usually at grant. The documentation from your husband's company should clarify which approach they're using.
One thing nobody has mentioned yet - check if your husband's company offers a "Section 83(b) election" for the matched shares. This would allow you to pay tax on the shares at the grant date (based on FMV then) rather than at vesting, which could be advantageous if the shares are expected to appreciate significantly. The deadline for this election is 30 days after receiving the shares though, so it may be too late if he's already had them for a while. Just something to keep in mind for future grants!
Section 83(b) elections are usually more relevant for restricted stock with vesting conditions, not immediate stock matches in an ESPP. From what OP described, it sounds like the matched shares are granted immediately without vesting requirements, so 83(b) probably wouldn't apply here.
Malik Robinson
Have you considered timing the debt cancellation with a year where you have other deductible expenses? For example, if you have significant medical expenses coming up, having those in the same tax year as the debt cancellation could help offset some of the tax impact. Also, talk to the lender about potentially structuring the debt forgiveness. Sometimes they can work with you on timing or amounts.
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Malik Robinson
ā¢Lenders often have some flexibility with the timing, especially if you're proactive in discussing it with them. While they have reporting requirements, they sometimes can work with you on structuring the forgiveness. For example, some lenders might be willing to split a large debt cancellation across two tax years (December/January) if you explain your tax situation. It really depends on the lender and your relationship with them, but it's definitely worth having that conversation well before the planned cancellation.
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PixelPioneer
ā¢That's a really helpful suggestion about timing it with medical expenses. I do have some procedures I've been putting off that would probably hit the threshold for medical deductions. Do you know if lenders are usually open to negotiating the timing of debt cancellation? I wasn't sure if I had any control over when they issue the 1099-C.
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Isabella Silva
Dont forget to check ur state tax too!! Some states dont tax cancelled debt the same way the federal govt does. I had a debt cancellation last year and my state (TX) didn't tax it at all, which saved me a bunch.
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Ravi Choudhury
ā¢Good point! Also, some states follow federal insolvency rules and some have their own. I live in California and they have slightly different rules for cancelled debt than the IRS does.
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