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Everyone's talking about penalties, but don't forget state requirements too! Depending on your state, you may have separate W-2 filing requirements with different deadlines and penalties. I learned this the hard way when I got hit with state penalties even after resolving my federal issue.
Which state are you in? I'm in California and haven't even looked into the state requirements yet. Do you file W2s with the state tax agency separately?
I'm in New York, but most states have their own requirements. In California, you'd need to submit your W-2s to the Employment Development Department (EDD), not just the federal SSA. California actually has some of the stricter penalties for late filing - they can charge $50 per W-2 plus potentially 10% of the tax that was withheld if you're very late. Their deadline is the same as the federal one (January 31st), but the submission process is completely separate. Check the California EDD website for their specific filing instructions.
This probably doesn't help you now, but for next year look into small business payroll services like Gusto or QuickBooks Payroll. I was in the exact same position as you last year - health issues, late filing, panicking about penalties.
Are those services expensive? I only have 2 part-time employees and do everything manually because I thought payroll services were overkill.
An important thing to watch out for with rental property K-1s is the passive activity loss limitations. Since you mentioned you do "absolutely nothing" to manage the property, your loss is definitely passive and may be limited. If your modified adjusted gross income is under $100,000, you might be able to deduct up to $25,000 of rental losses under the active participation exception. But that phases out completely when your MAGI hits $150,000. If you're above that threshold, those losses get suspended until you either have passive income or dispose of your interest in the partnership.
Does receiving the K-1 automatically make you a "material participant" in the business? I'm in a similar situation with a family business and don't know if I can claim the losses.
No, receiving a K-1 does not automatically make you a material participant. Material participation is determined by how much time and effort you put into the activity. There are seven tests for material participation in IRS Publication 925, but generally you need to work 500+ hours in the activity during the year to be considered a material participant. For rental activities specifically, they're automatically considered passive regardless of your participation hours, unless you qualify as a real estate professional (which requires 750+ hours in real estate activities and more time in real estate than any other occupation).
Does anyone know if these K-1 losses affect the QBI deduction? I have a similar rental partnership and heard something about QBI being reduced by losses.
Yes, rental losses can affect your QBI (Qualified Business Income) deduction. Under Section 199A, QBI is calculated for each business activity and can be reduced by losses. If your rental activity is considered a qualified trade or business (which depends on several factors), the net loss would result in no QBI deduction for that activity. Additionally, net losses from qualified businesses can offset QBI from other profitable qualified businesses, potentially reducing your overall QBI deduction. It gets complicated quickly, which is why tracking these losses properly is so important.
Have you considered filing for an extension with your employer? When I was in a similar situation, I explained to HR that I was actively working on resolving my tax situation but needed more time. I showed them proof that I had contacted a tax professional and was gathering documents, which bought me an additional 30 days. Most companies just want to see that you're being responsible and taking action, not necessarily that everything is completely resolved within their initial deadline. Maybe prepare a simple timeline showing the steps you've taken and when you expect to have everything filed.
Thank you for this suggestion. I did actually meet with HR yesterday and showed them that I've started the process. They were more understanding than my direct manager and said they mainly need to see proof that I've engaged with a tax professional and have a concrete plan. Did you use a special type of tax person for your situation? I'm wondering if I need someone who specializes in delinquent returns.
I used an Enrolled Agent who specialized in tax resolution and delinquent returns. They tend to be more affordable than CPAs while still having full representation rights with the IRS. The key is finding someone who regularly handles past-due filings rather than just normal tax prep. I recommend asking specifically about their experience with employment verification issues and their typical timeline for preparing delinquent returns. My EA was able to provide a formal letter stating I had retained their services and outlining our filing plan, which satisfied my employer while we completed the actual work. Most tax pros who work in this area understand the employment implications and can help document your progress for HR.
Don't forget to file your state returns too! I learned this the hard way - got my federal returns caught up but completely overlooked state taxes. Then got hit with a state tax lien that showed up on my credit report and caused even more problems with my employer. If you moved between states, you'll likely need to file part-year resident returns for both states for the year you moved. Each state has different requirements and deadlines for past due returns.
This is so important! I had the same issue with state taxes being overlooked. And if you had self-employment income, some cities and local jurisdictions also require tax filings. For example, I had to file a city income tax return for my freelance work that I didn't even know existed until I got a notice.
Just wanted to add my two cents as someone who's been using the trust/LLC structure for several Amazon businesses for years. The "chain of disregarded entities" explanation from earlier comments is correct. Here's how I handle it on my returns: 1. I include a statement with my 1040 explaining the structure 2. I file two Schedule Cs (one for each spouse) since we both work in the business 3. I make sure to include the LLC's EIN on both Schedule Cs (even though it's disregarded) 4. I title the Schedule C business name as "[My Name] SOLE PROP DBA [LLC Name]" I've been audited once, and this approach was accepted without issue. The key is documentation and consistency. If you're still uncertain, check out Revenue Ruling 2004-77, which specifically addresses disregarded entities in situations like yours.
This is super helpful! I like your approach with the business name format. One follow-up question - when you split the Schedule Cs between spouses, do you also split the expenses proportionally? Or can one spouse claim certain categories of expenses while the other claims different ones?
I split both income and expenses proportionally based on our work contribution percentage. So if we're doing a 60/40 split, each Schedule C shows that percentage of both the revenue and expenses. You could technically allocate specific expense categories to each spouse if those expenses directly relate to their specific duties, but that gets messy and might invite more scrutiny. The proportional approach is simpler and generally easier to defend if questioned.
Has anyone considered that Rev. Proc. 2002-69 might apply here? It specifically addresses situations where husband and wife own an entity through a living trust.
Rev. Proc. 2002-69 is specifically about community property states, which OP mentioned they're not in. It allows married couples in community property states to treat their wholly-owned LLC as either a disregarded entity or partnership. Since OP is in a non-community property state, this wouldn't apply directly to their situation.
Paolo Bianchi
One thing to keep in mind - the 1098-T can actually be inaccurate sometimes. My school reported amounts based on when they were billed rather than when they were paid, which caused a mismatch with my actual expenses for the tax year. Make sure you're calculating your qualified education expenses based on what you actually paid during the calendar year, not just what's on the form. Tuition, required fees, books and supplies required for courses all count as qualified expenses.
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Tyrone Johnson
β’That's a really good point about the timing! My school definitely billed for spring semester in December, even though I didn't actually pay until January. So the 1098-T might not match up perfectly with the calendar year I need to report on. Do you know if room and board count as qualified expenses too?
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Paolo Bianchi
β’Room and board do NOT count as qualified education expenses for determining the taxable portion of scholarships and grants. Only tuition, fees, and required course materials count. That's actually a common misconception that trips up a lot of students. So if your scholarship/grant money was used for housing and meals, that portion is generally taxable income, even if it's part of your official Cost of Attendance from the school.
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Yara Assad
Quick question - wouldn't this be considered a de minimis amount that the IRS wouldn't really care about? I mean, we're talking about $1600 on which the tax would be what, maybe $160? Is it really worth going through the hassle of amending?
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Olivia Clark
β’It's not about the amount as much as it is about accuracy. The IRS gets a copy of the 1098-T, so they know about the educational payments. Depending on OP's overall situation, that $1600 could push them into a different tax bracket or affect other credits.
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