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Ask the community...

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Raul Neal

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One thing nobody's mentioned yet - depending on what type of lending you're planning to do, you might want to consider creating a new LLC anyway for liability purposes. When I moved from consulting to investing activities, my attorney suggested keeping them separate because the risk profiles are so different. With lending especially, if someone defaults and things get messy, you don't want that liability potentially affecting assets in your original business. The cost of forming a new LLC is pretty minimal compared to the protection it provides.

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Jenna Sloan

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I've heard conflicting advice about this. Wouldn't having multiple LLCs mean multiple annual fees, multiple tax filings, etc? Is it really worth the hassle just to separate different types of business activities?

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Raul Neal

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It does mean additional annual fees and separate tax filings, but those costs need to be weighed against your risk exposure. For lending activities specifically, the risks can be significant. If a loan goes bad and there's litigation, having that activity in a separate LLC helps shield your other assets and business ventures. The administrative overhead is something to consider, but most accounting software makes it fairly manageable to maintain separate books. Many states have reasonable annual LLC fees (though some like California are expensive). I've found the peace of mind worth the extra few hundred dollars annually. It's especially important if one activity is high-risk (like lending) while the other is relatively safe.

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Has anyone had experience with changing their LLC's business activity in Texas specifically? I've heard we're more relaxed about this stuff, but I'm not sure if there are any Texas-specific forms I need to file.

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Sasha Reese

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Texas is indeed pretty business-friendly. I changed my LLC from retail to consulting last year. You don't need to file any amendment with the Secretary of State unless you're changing the actual name of your LLC. The business purpose statement on Texas LLC forms is usually broad enough to cover almost any legal business activity.

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Thanks for the info! That's a relief to hear. Did you have to update anything with the Comptroller's office for franchise tax purposes? I'm wondering if changing activities might affect how I file those reports.

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Luca Romano

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OP, make sure you're aware that even with an extension, if you owe estimated taxes for 2025 (like if you're self-employed or have investment income without withholding), your first quarterly payment is STILL due April 15th. The extension doesn't change that deadline at all. I learned this the hard way and got hit with penalties.

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Wait really?? I do have some freelance income on the side of my regular job. So you're saying even though I'm extending my 2024 tax return, I still need to make my first quarterly payment for 2025 by April 18th? How do I even figure that out when I haven't completed last year's taxes yet??

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Luca Romano

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Yes, that's exactly right. The extension only applies to your 2024 return, not to your 2025 estimated payments. It's super confusing and trips up a lot of people. For figuring out your 2025 quarterly payment, you can use last year's income as a basis (the safe harbor rule). If you pay 100% of what you owed last year (or 110% if your AGI was over $150,000), spread across your quarterly payments, you'll avoid penalties even if you end up owing more. You can always adjust later payments up or down as you get a better picture of your 2025 income.

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Nia Jackson

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Just want to add that if you're expecting a refund, you don't actually NEED to file an extension or worry about the April 18 deadline. The penalty for filing late only applies if you owe money. If the IRS owes YOU money, there's no penalty for filing late (though you won't get your refund until you file).

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NebulaNova

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This is technically true but still not a great idea. If you don't file or extend and then discover you actually DID owe money (like if you made a calculation error), you'll get hit with both failure-to-file AND failure-to-pay penalties, which add up fast. Plus, the statute of limitations for the IRS to audit you doesn't start until you file.

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Something important that hasn't been mentioned - even though you're right about the residency requirement, you might want to check your custody agreement if you have one. Sometimes there's specific language about who gets to claim the child for tax purposes regardless of the living situation. If your agreement says he gets to claim the child in certain years, that would override the residency rules.

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Emma Wilson

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We don't actually have a formal custody agreement filed with the court. Everything has been verbal between us so far. I've been trying to avoid court involvement, but maybe I need to get something official in place?

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Without a formal custody agreement, the IRS residency rules definitely apply. This means you, as the custodial parent with the child living with you most of the year, have the right to claim him. I would strongly recommend getting a formal custody agreement in place. This protects both you and your child by clearly defining visitation schedules, decision-making authority, and yes, tax claiming rights. Without documentation, these disputes can become "he said/she said" situations that often escalate unnecessarily. A formal agreement can specifically address who claims the child in which tax years, and can be structured in various ways (alternating years, splitting different tax benefits, etc.) if you choose to share this benefit.

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Sean Murphy

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Just a heads up - my sister went through something similar, and even though her ex wasn't on the birth certificate either, he established paternity through the courts later and got a formal custody agreement. After that, the judge actually did give him the right to claim their daughter on taxes in even-numbered years despite having less than 50% custody time. The birth certificate isn't as important as legal paternity and whatever custody order is in place. If he takes you to court for a formal custody arrangement (which he can do by establishing paternity first), tax issues could definitely be included in that discussion.

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StarStrider

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This is accurate. My cousin had this exact situation and the judge split the tax benefits - she got odd years and he got even years, even though the kid lived with her most of the time. Judges have a lot of discretion with this stuff.

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Dananyl Lear

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Here's an important thing to know about K-1s that nobody mentioned yet - they often arrive LATE! Like after April 15th late. If that happens, you'll need to file an extension (Form 4868). Your brother should be able to give you an estimate of the numbers so you can pay any estimated tax due with your extension request. I invest in several partnerships and literally never get my K-1s before April. It's annoying but normal.

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Does filing an extension because of a late K-1 increase your chances of being audited? I've always heard you should avoid extensions if possible.

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Dananyl Lear

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Filing an extension does not increase your audit risk at all. That's a common myth. In fact, tax professionals file extensions for many of their clients as standard practice. The key is making sure you pay any estimated tax due when you file the extension. Penalties are for not paying on time, not for filing the actual return later. As long as you make a good faith estimate of what you owe and pay that amount with your extension request, you're completely fine.

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Ana Rusula

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WARNING about K-1s - make sure the EIN on the form matches your brother's business! I got a K-1 last year that had a typo in the EIN and it caused my return to be rejected when I e-filed. The IRS computers couldn't match my reported K-1 info with what the business filed. Also check if your state requires you to attach a copy of the K-1 to your state return. Some states do require this while the federal return doesn't.

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Fidel Carson

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This is great advice! I had the same issue with a wrong EIN and it was a nightmare to fix. I'd also recommend comparing the K-1 you receive with any estimated K-1 info your brother might have given you during the year. If there are big differences, ask why before filing.

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Have you considered using a mail forwarding service that provides a physical address? I use one in Wyoming through a company called Wyoming Mail Forwarding for my e-commerce business. For about $200/year, I get a real physical address (not a P.O. box) that I can use for my business. They scan all mail, and I can decide what to forward to wherever I'm currently staying. The key is understanding that having an address is different from having nexus. If you're truly remote and don't have inventory, employees, or significant sales in a particular state, you might be able to avoid nexus there. But be carefulβ€”economic nexus laws vary by state and many now have sales thresholds that can trigger tax obligations regardless of physical presence.

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Do these mail forwarding services actually hold up if you get audited? I'm worried about setting something up that looks fishy to tax authorities.

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Mail forwarding services are completely legal and legitimate for business addresses when properly used. The key is transparency and accuracy in your tax filings. You need to be truthful about where business activities actually occur, regardless of your official address. If you're audited, what matters is where you're conducting business operations, not just where your mail goes. If you claim Wyoming for tax purposes but are clearly operating from Connecticut, that would be problematic. However, many digital businesses can legitimately operate from anywhere. Document your work locations, keep records of travel, and consult with a tax professional to ensure you're handling multi-state issues correctly.

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NeonNova

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I went through exactly this last year. Ultimately chose Wyoming because: 1) No state income tax 2) No franchise tax (unlike Texas) 3) Strong privacy laws for owners 4) Relatively low registered agent fees I used a company called Wyoming Corporate Services that provided both registered agent service AND a physical address I could use for business purposes. Cost about $350/year total. One thing nobody mentioned - if you're planning to take investment soon, sophisticated investors will see through attempts to avoid state taxes if you're clearly based elsewhere. Focus on proper compliance rather than extreme tax avoidance. I ended up having to file as "foreign entities" in states where I had actual nexus anyway.

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Yuki Yamamoto

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Thank you for sharing your experience! Great point about investors potentially seeing through tax avoidance strategies. Did you end up having to register as a foreign entity in multiple states despite having your Wyoming address? Were there any complications with banking or receiving payments with this setup?

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NeonNova

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Yes, I did end up registering as a foreign entity in California because I spent significant time working there (over 183 days). The Wyoming address wasn't an issue for banking - I used Mercury for business banking and everything was set up online. They just required my EIN, formation documents, and operating agreement. For payments, no complications at all. Most payment processors and platforms don't care about your physical address as long as you have proper business documentation. The biggest challenge was actually keeping track of where I was working throughout the year for tax purposes. I created a simple spreadsheet to log my location each week, which helped tremendously when tax season came around.

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