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Don't forget Box 15 on your 1099-DIV should tell you how to treat the Non-Dividend Distribution. There are different codes that indicate if it's a return of capital (ROC) or something else. Most commonly it's code "R" for return of capital, which is when you reduce your basis. If the amount exceeds your basis, you record a capital gain. It's actually not that complicated once you understand the principle - they're basically returning part of your investment back to you tax-free, but tracking it by reducing your cost basis.

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QuantumLeap

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I didn't realize I needed to check box 15! I'll take another look at the 1099-DIV for that code. So assuming it is code "R" as you mentioned, I would just reduce the basis from $8,115 to $7,270 on Form 8949, right? Is there anywhere else I need to note this adjustment?

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Yes, that's exactly right. On Form 8949, you'll enter the original cost basis of $8,115 in column (e), then in column (g) you'll enter the adjustment amount of -$845 with code "B" which stands for "Basis adjustment." Then your adjusted basis in the calculation becomes $7,270. Make sure to check the right box at the top of Form 8949 for long-term transactions reported on a 1099-B with basis reported to the IRS. The form has clear instructions for these adjustments, and this way you're documenting exactly why your basis is different from what was reported to the IRS on the 1099-B.

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Just a tip - I use FreeTaxUSA for filing and it handles this situation really well. When you enter the 1099-DIV information, there's a specific field for non-dividend distributions. Then when you enter the stock sales info, it prompts you to adjust the cost basis accordingly. Much easier than trying to figure it all out manually. If the distributions are return of capital (which they usually are), the software automatically adjusts the basis. It's saved me a ton of headaches with my investment reporting.

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Zara Ahmed

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Does FreeTaxUSA handle K-1 forms too? I've got some partnership interests and those forms are a nightmare to deal with manually.

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Here's what I'm doing instead of the savings bonds program - I'm setting up an automatic transfer of 30% of my refund to a high-yield savings account as soon as it hits my bank. The current rates are actually better than what the Series I bonds were offering anyway (at least the fixed rate portion). Then once I hit $1000, I'll manually buy bonds through TreasuryDirect if rates look good. The automatic transfer accomplishes the same "forced savings" effect that the tax refund bond purchase did. Out of sight, out of mind.

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Demi Hall

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Doesn't TreasuryDirect have a minimum purchase amount? I thought you had to buy at least $25 or $50 worth of bonds at a time?

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You're right about the minimum - it's $25 for electronic bonds through TreasuryDirect. I just prefer to wait until I have a larger amount because it's easier to keep track of fewer larger purchases than lots of small ones. The high-yield savings accounts are nice because there's usually no minimum and you can access your money anytime, unlike the 12-month lockup period with savings bonds. So it gives me flexibility while I decide how much I eventually want to move into bonds.

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Does anyone remember when you could actually get paper savings bonds with your tax refund? I miss those days. My grandparents gave me paper bonds when I was a kid, and I liked continuing that tradition with my own kids using the tax refund option. Now everything's electronic and it just doesn't feel the same.

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Kara Yoshida

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You can still print out a certificate to give as a gift! TreasuryDirect has a gift option where you can create a nice-looking certificate that represents the electronic bond. I do this for my nieces and nephews - print it out and put it in a card. They still get excited about it.

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How to properly calculate COGS for a service-based LLC Partnership when Partners don't take wages

I'm trying to wrap my head around tax filing for our service-based LLC Partnership (just me and my spouse) but honestly feel a bit lost. We might end up hiring a CPA but I'm determined to at least try filing myself before the extension deadline runs out. Our LLC provides creative consulting services - basically we charge a monthly retainer fee for creative direction and development to our main client. We haven't been taking actual wages, just planned to take distributions from the LLC to pay ourselves. Here's where I'm confused... I'm using TaxSlayer for our partnership return and it's asking about Cost of Goods Sold. When I looked into it, there's something about estimating "a reasonable value for labor the partners performed" in providing services. The math is throwing me off. If we received $140,000 in service fees, had around $12,000 in business expenses, and then estimated our own labor value at $90,000 for COGS, that would leave just $38,000 in gross profit. Does that mean the partners only pay income tax on the $38,000? But we'd potentially distribute $128,000 to ourselves ($140k minus $12k expenses). Surely we're taxed on the full $128,000 we'd distribute and not just the $38,000 after deducting our own labor "cost"? That seems like a massive tax advantage that can't be right. I keep reading that partners pay tax on the partnership's profits, and distributions aren't taxed separately since they're just transfers of those already-taxed profits. But I'm completely confused about how this COGS thing works for a service business. Please help me understand what I'm missing!

Amina Sy

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Just to add some clarity on the partnership tax structure - partners can take money from the business in two ways: 1. Guaranteed payments - these are like regular payments for services rendered regardless of partnership profits. They're deductible by the partnership but still subject to self-employment tax for the partner receiving them. 2. Distributions - these are distributions of profit and aren't deductible by the partnership. They've already been taxed as income flowing through to your personal return. The confusion often happens because people want to "pay themselves" but don't understand the tax treatment. You can't deduct partner labor as COGS, but you can structure guaranteed payments if you want to create more of a salary-like arrangement.

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I'm confused about the guaranteed payments part. If we do guaranteed payments instead of distributions, don't we end up paying MORE in taxes because of the self-employment tax? Or is there some advantage I'm missing?

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Amina Sy

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You're right about potentially paying more in taxes with guaranteed payments due to self-employment tax. However, there are situations where guaranteed payments make sense: When you need consistent income regardless of profitability (similar to a salary), guaranteed payments provide that predictability. They're also useful when partners contribute significantly different levels of work - you can compensate for work through guaranteed payments while maintaining equal ownership through distributions. Some partnerships use a combination approach: modest guaranteed payments for actual work performed, then distributions for the remaining profits. This balances the need for regular income with tax efficiency. The right structure depends on your specific situation, including cash flow needs, relative contributions of partners, and other tax considerations unique to your circumstances.

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Heres a simple example that might help make things clearer: Let's say your service LLC makes $200k revenue with $50k in legit business expenses (rent, software, travel, etc). That leaves $150k in profit. That $150k flows through to you and your spouse's personal tax returns based on ownership %. You cant deduct some made-up "value of partner labor" from this. If you want to take $120k out of the business, you just take $120k in distributions. The distributions arent separately taxed bc you already are taxed on the full $150k profit whether you take it out or leave it in the business. Does that help? Your tax software is probably just confusing you because its trying to handle both product and service businesses with the same screens.

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I think everyone's overcomplicating this. COGS is for when you're selling STUFF not SERVICES. If your making furniture or selling t-shirts you have COGS. If your just providing creative work its not COGS, its just business income.

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One thing nobody's mentioned - make sure you're using the CORRECT 2020 tax forms! Don't just download current forms from the IRS website. You need the actual 2020 versions since tax laws change every year. You can find prior year forms here: https://www.irs.gov/forms-instructions (just search for the form number and select 2020 from the dropdown).

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Evelyn Xu

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Thanks for mentioning this! I almost made that exact mistake. Do you know if tax software like TurboTax or H&R Block still offer access to prepare 2020 returns or am I stuck doing the paper forms at this point?

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Most tax software still allows you to prepare 2020 returns, but you'll likely need to purchase their software rather than using their free online versions which typically only support the current tax year plus maybe one year back. TurboTax, H&R Block, and TaxAct all offer desktop or downloadable software for prior years. However, you'll still need to print and mail the return - electronic filing is generally not available for returns from 2020 at this point in 2024.

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Don't forget that if you're filing a 2020 return now, any stimulus payments you received for that tax year need to be accounted for correctly on the return! The first two stimulus payments were tied to 2020 taxes (the $1,200 CARES Act payment and the $600 December 2020 payment). If you didn't receive these payments back then, you can claim them as the Recovery Rebate Credit on your 2020 return. But if you did receive them, you need to indicate that so you don't accidentally claim them again.

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Oscar Murphy

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This is important! I messed this up on my late-filed return and it delayed my processing by months because the IRS had to manually review and adjust it.

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Nora Brooks

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Former payroll specialist here. One thing to consider is HOW MUCH the difference will be. If the only change is bonus pay being recategorized from tips to regular income, the tax withholding might actually be pretty similar. The main difference would be that Social Security and Medicare taxes might have been under-withheld if they were incorrectly treated as tips (depending on if tip credits were applied). For most employees at a restaurant, this difference might not be huge. Ask your payroll provider to give you an estimate of the difference for a typical employee. If it's minimal (like under $200), filing now and amending later might make sense for folks who need refunds ASAP.

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Eli Wang

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But won't the employees get in trouble if they file with forms they know are wrong? My manager told us we HAD to wait for corrected W-2s.

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Nora Brooks

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No, employees won't get in trouble for filing with incorrect W-2s as long as they file an amendment once they receive the corrected forms. The IRS understands that errors happen with tax documents. Your manager is being overly cautious. While waiting for corrected W-2s is certainly the cleaner approach, the IRS allows taxpayers to file with the information they currently have and then correct it later through the amendment process. Just make sure you keep both the original and corrected W-2s for your records, and file the amendment (Form 1040-X) promptly once you receive the corrected form.

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I've been in restaurant management for 15+ years and dealt with this EXACT situation in 2020. Here's what we learned: For our servers who really needed their refund $$$ fast, we advised them to: 1) File now with incorrect W-2 2) Get their refund 3) File 1040-X amendment after corrected W-2 arrived 4) Either pay back any difference or get additional refund For kitchen staff and managers who could wait, we suggested filing an extension to avoid the amendment hassle. The payroll company should offer to pay for tax amendment services for affected employees! Push them hard on this - it was THEIR error. Our payroll provider ended up giving us H&R Block vouchers for all affected employees to cover amendment costs.

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Did any of your employees get audited because of this? That's what I'm most worried about.

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