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Navigating the K2 K3 filing exceptions for partnerships and S corporations - help understanding the requirements

So I'm struggling to figure out if my business qualifies for the K2 K3 filing exception for tax year 2021. I've been reading through the IRS FAQ page and specifically Q15 about the exceptions, but honestly I'm confused about how to determine if this applies to my situation. From what I understand, there's an additional exception for certain domestic partnerships and S corporations for the 2021 tax year. But the requirements seem convoluted: - No foreign partnerships, corporations, individuals, estates or trusts as direct partners in 2021 - No foreign activity including taxes paid/accrued or assets generating foreign source income - Didn't provide certain information on Form 1065 Schedules K and K-1 (line 16) or line 20c in 2020 - No knowledge that partners/shareholders are requesting this info for 2021 I'm particularly confused about the third point regarding information that wasn't provided in 2020. How am I supposed to know exactly what was on line 16 or 20c last year? And what counts as "foreign activity" exactly? Does having a client overseas count? If we do qualify for this exception, it seems we don't need to file Schedules K-2 and K-3 with the IRS or provide them to partners. But then there's something about if a partner needs the info later, we'd still have to provide it? Any help understanding this would be greatly appreciated! I'm trying to make sure we're compliant without doing unnecessary paperwork.

Nalani Liu

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Quick tip that helped me with the K2/K3 exception determination: take screenshots of the specific lines (16 and 20c) from your 2020 return as documentation of meeting that requirement. This way if there's ever a question about why you didn't file K2/K3, you have proof that you qualified for the exception. Also, put a note in your tax file documenting your analysis of each requirement - especially regarding the "no foreign activity" determination. If you have any international clients, document why those relationships don't constitute "foreign activity" under the definition (no foreign taxes paid, no foreign source income, etc.). Better to document your reasoning now than try to reconstruct it later if questions arise.

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Axel Bourke

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Does anyone know if this exception is continuing for the 2022 tax year? I finally understand the 2021 exception but wondering if I need to prepare for K2/K3 filing for current year.

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Nalani Liu

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The exception has been modified for 2022 and future years. Starting with tax year 2022, there's a "domestic filing exception" with slightly different requirements. Partners or S corp shareholders must be notified about the intention to not provide K-3s unless requested. You'll need to review the updated guidelines for 2022, as the automatic exception isn't identical to the 2021 version we're discussing here.

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Aidan Percy

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Has anyone used any specific tax software that handles the K2/K3 exception determination well? I'm using ProSeries and it keeps flagging that I need to file these forms even though I believe we qualify for the exception.

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I had the same issue with Lacerte. You have to manually override it. There should be a checkbox somewhere in the software to indicate you qualify for an exception. In Lacerte it's buried in the K-2/K-3 input screens - there's a specific question about qualifying for the exception that you need to mark "Yes".

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Aidan Percy

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Thanks for the tip! I found the override option in ProSeries. It was in the K-2/K-3 input area under "Filing Exceptions" - there's a check box for "Qualifies for domestic filing exception" that I needed to select. The software still gives a warning but allows you to proceed without generating the schedules.

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Omar Fawaz

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I went through this exact issue last year. I ended up filing an extension and it was the right choice for me. Amending is a pain and can flag your return for extra scrutiny sometimes. Just make sure you pay enough with your extension to cover what you might owe. The 5% difference you're expecting isn't huge, so if you're expecting a refund anyway, you could just file with what you have. But if you're going to owe money, definitely do the extension and pay a bit extra to be safe.

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If you do file an extension, do you know if that increases your chances of being audited? I've heard mixed things about this.

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Omar Fawaz

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Filing an extension doesn't increase your audit risk at all. That's actually a common tax myth. The IRS has officially stated that filing an extension doesn't affect your chances of being audited. In fact, extensions are incredibly common - millions of people file them every year for all sorts of reasons. It's a routine process that the IRS expects. What can increase audit risk is filing an inaccurate return or having to amend later, so in that sense, waiting for correct documentation is actually the safer approach.

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Diego Vargas

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Another option to consider is contacting your employer directly and asking when they expect to issue the W-2C. Sometimes they have a timeline but don't communicate it well. I've found that a polite but firm email to HR and payroll can work wonders. If they can tell you it'll be ready within a few weeks, maybe waiting makes sense. If they're saying it could be months, then the extension route is probably best.

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This is good advice. Also worth noting that employers are required by law to provide corrected W-2s within a reasonable timeframe. If they're really dragging their feet, mentioning this requirement can sometimes light a fire under them.

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Mia Green

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Something nobody's mentioned - your friend should check if his identity was stolen. If his mom is controlling his tax docs and filing returns with fake info, she might be doing other sketchy financial stuff in his name too. He should check his credit report ASAP.

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That's a really good point I hadn't considered. I know she's also "managing" his student loans and I wonder if there's other financial stuff happening. I'll suggest he check his credit report right away. I think the hardest part of this situation is that his mom is definitely the one who provided these fake numbers, but she's maintaining complete innocence. Makes me wonder what else she's doing with his finances.

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Mia Green

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Yeah, unfortunately I've seen this pattern before with family members. Often there's a broader pattern of financial manipulation going on. Student loans are definitely another red flag - make sure he logs in directly to studentaid.gov to see exactly what loans are in his name. I'd also recommend he create an IRS online account at irs.gov to view his tax transcripts directly. This will show all returns filed in his name and any other tax activity. He might discover even more issues.

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Emma Bianchi

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Has anyone mentioned the Voluntary Disclosure Program? If the fraud was willful (sounds like it was on mom's part), this could help avoid criminal prosecution. More info: https://www.irs.gov/compliance/criminal-investigation/irs-criminal-investigation-voluntary-disclosure-program

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The Voluntary Disclosure Program is really for major tax fraud cases where criminal prosecution is likely - typically involving offshore accounts, unreported income in the six figures, etc. This case sounds bad but probably doesn't rise to that level.

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Something nobody's mentioned yet - if you're paying for someone's education, you can pay their tuition directly to the school and it doesn't count toward gift tax limits at all! No annual limit, no lifetime exemption impact. Same thing with medical expenses if paid directly to the provider. This is how wealthy families transfer significant money without gift tax consequences.

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That's really helpful! So in my case with my niece, would it be better to pay her student loans directly to the loan provider instead of giving her the cash? Would that still qualify for the medical/education exception?

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Unfortunately, paying off someone's existing student loans doesn't qualify for the unlimited education exclusion. The education exception only applies to tuition paid directly to the educational institution while someone is attending. For existing student loans, you're better off staying within your annual gift exclusion of $18,000. If you want to pay more than that toward her loans in a single year, you'd need to file Form 709 to report the excess amount against your lifetime exemption (though you still wouldn't owe actual tax unless you've used up the lifetime amount).

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Gift tax question - can my husband and I each give our daughter $18,000 (so $36,000 total) without filing anything? We're helping with her house down payment.

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StarSailor

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Yes, you and your husband can each give your daughter $18,000 in 2025, for a total of $36,000, without having to file a gift tax return! This is called "gift splitting" and it's a common strategy for married couples.

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Laila Fury

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You might want to double-check your tax brackets based on your total annual income. I recently merged three W2s (had a weird year with multiple contracts) and noticed my total income pushed me from the 22% bracket into the 24% bracket. That meant a chunk of my income from the last job was undertaxed by 2%. Look at the marginal tax rates for 2024: - 10% up to $11,600 - 12% up to $47,150 - 22% up to $100,525 - 24% up to $191,950 - etc. If your combined income pushes you into a higher bracket that neither employer accounted for in their withholding, that could explain the sudden jump in taxes owed.

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Chris Elmeda

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This is really helpful, thanks! Looking at these brackets, I think that's exactly what happened. My first job had me in the 22% bracket by itself, and then the second job pushed our household income into the 24% bracket. Both were withholding at their respective individual rates rather than our true combined rate. Is there any way to tell your employer to withhold at a higher rate to prevent this problem next year?

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Laila Fury

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Yes, you can absolutely fix this for next year! Fill out a new W4 form with your current employer and use the "Multiple Jobs" worksheet (Step 2) or the "Deductions Worksheet" (Step 4) to increase your withholding. The easiest approach is to use Step 4(c) where you can specify an additional amount to withhold from each paycheck. Calculate your expected annual shortfall (like $3000) and divide by the number of remaining pay periods in the year. So if you're paid twice a month and realize this in February, you'd divide by 22 remaining pay periods = about $136 extra withholding per paycheck. The IRS also has a Tax Withholding Estimator tool on their website that's pretty accurate for calculating the right amount.

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This multiple W2 situation happened to me too, and I found out it's also affected by the timing of when you switched jobs. Since withholding is calculated assuming your per-paycheck amount is consistent throughout the year, if you moved to a higher-paying job partway through the year, the system essentially "underwitholds" because it doesn't know about those earlier lower paychecks. My tax guy explained it like this: if you made $50k at job 1 for half the year, then $80k annualized at job 2 for the second half, your actual income was $65k. But job 2 withheld taxes as if you made $80k all year (using higher brackets correctly) while job 1 withheld as if you made $50k all year (using lower brackets correctly). The problem is when you combine them, your actual tax liability doesn't match what was withheld.

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Simon White

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This explanation makes a lot of sense. I've been doing payroll for a small business and we see this all the time when people come from lower-paying jobs. The withholding tables just aren't designed to handle multiple employers or mid-year salary changes well.

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Chris Elmeda

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That's exactly my situation! I went from a $60k job to a $95k job in September, so my new employer has been withholding at the higher rate, but only for part of the year. This really helps me understand why I'm suddenly looking at this tax bill. I think I'll adjust my W4 right away to avoid this happening again next year. Thanks everyone for the helpful explanations!

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