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Ask the community...

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Hazel Garcia

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Just to add some helpful info - partnerships with no income still need to file Form 1065. A common misconception is that if you didn't make money, you don't need to file, but that's not true. Even with just expenses and losses, you still have to file the partnership return. Also, make sure you have an EIN before filing. If you don't have one yet, apply for one on the IRS website ASAP. You'll need it for your 1065. And remember - partnerships don't pay taxes themselves, but they do need to file information returns so the IRS knows how much income or loss to attribute to each partner. Each partner will report their share on their personal tax returns via the K-1 you provide them.

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Laila Fury

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If I'm both partners in an LLC (single-member LLC), do I still need to file a 1065? I thought in that case it just goes on my Schedule C?

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Hazel Garcia

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You're mixing up two different business types. A single-member LLC is treated as a disregarded entity by default and would file Schedule C with your personal return, not Form 1065. A partnership requires at least two partners. If you're the only owner, you don't have a partnership by definition. Single-member LLCs report on Schedule C unless they've elected to be taxed as a corporation. Multi-member LLCs are treated as partnerships by default and file Form 1065 along with Schedule K-1s for each partner.

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One thing nobody mentioned - if you end up owing a lot in taxes next year when you file your personal returns, you might get hit with an underpayment penalty. Since partnerships pass through income/losses to the partners, you're supposed to make quarterly estimated tax payments throughout the year on your expected income. Obviously if you're only showing losses right now, that's not an issue for 2024. But if you start making money in 2025, keep in mind you should be making quarterly payments (April, June, September, January). I learned this the hard way and got slapped with penalties my first year in business.

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Simon White

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Is there a minimum amount you need to make before you have to do the quarterly payments? My side business only makes like $3k a year.

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Generally, you need to make quarterly estimated tax payments if you expect to owe at least $1,000 in taxes for the year. However, you can avoid penalties if you pay at least 90% of the tax for the current year or 100% of the tax shown on your previous year's return (whichever is smaller). For a small side business making around $3k, it might not trigger the requirement depending on your tax situation, but it's always good to calculate your expected tax liability to be sure. Self-employment tax (15.3%) kicks in when you have $400 or more in net earnings, so even small businesses can sometimes create tax obligations.

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Just a heads up - if your friend is claimed as a dependent on someone else's return, they won't be eligible for the recovery rebate credit. Make sure to check if anyone (like their parents) claimed them before filing.

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Thank you for pointing that out! I should have mentioned - he's definitely not a dependent on anyone else's return. He's 38 and has been living on savings during 2020. I was helping him with paperwork stuff and realized he never got his stimulus payments. I appreciate the advice from everyone!

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Glad to hear that! It's just something that trips up a lot of people. Also, make sure your friend keeps a copy of the return and proof of mailing (like a certified mail receipt). The IRS has been really backed up with paper returns, especially for past tax years, so it might take several months for them to process it.

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has anyone ever tried filing one of these zero income returns online instead of mailing it in? seems like it would process faster but not sure if the free file options work for prior years?

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James Johnson

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Some tax software does let you file prior year returns, but most only allow electronic filing for the current tax year and maybe the year before. For 2020 returns filed in 2025, you'll probably have to mail it in. I used FreeTaxUSA to prepare a prior year return but had to print and mail it.

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I'm a bit confused about something - when calculating the $10,000 threshold for FBAR filing, do we look at the total value of all foreign accounts combined, or does any single account need to exceed $10,000? I have several small accounts in my home country that individually stay under $10K but combined might go over.

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Luca Greco

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It's the combined total of all your foreign financial accounts at any point during the year. So if the aggregate (combined) maximum value of all your foreign accounts exceeded $10,000 at any time during the calendar year, you need to file an FBAR - even if no single account ever exceeded $10,000. For example, if you have three foreign accounts with maximum balances of $4,000, $3,000, and $4,000 during the year, your aggregate maximum would be $11,000, triggering the FBAR filing requirement. The key is to look at when all accounts were at their highest, even if that happened on different days.

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Thank you for clarifying! I definitely need to file then. I've had 5 accounts in my home country for years and never filed because each one stays small, but together they're definitely over $10K. Better late than never I guess?

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Zoe Dimitriou

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Quick tip from someone who's dealt with delinquent FBARs before - when you file late, make sure you keep records of WHEN you filed the late FBAR. Take screenshots of your submission confirmation and save the confirmation email/number. I had an issue where the IRS claimed they never received my late filing, but I had all the proof of submission with dates and times. Saved me from potential penalties. Just a suggestion for the original poster!

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Zara Malik

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That's actually super helpful advice! I wouldn't have thought to document everything like that. Will definitely save all confirmation emails and screenshots when I submit. Did you mail your FBAR or file electronically? I'm assuming electronic is better for creating that paper trail?

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Zoe Dimitriou

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Definitely file electronically - it's the only option now anyway. The FinCEN BSA e-filing system will give you a confirmation receipt with a BSA Identifier number immediately after submission. Save that PDF confirmation right away and also take screenshots of the successful submission page. Electronic filing creates a much better trail than paper ever did, plus it processes much faster. Just make absolutely sure all your information is accurate before submitting, especially account numbers. Simple mistakes can cause headaches later.

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Connor Byrne

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My advice would be to get this spelled out clearly in your custody agreement. My ex and I went through this exact situation and we ended up including a specific tax arrangement in our custody agreement that we both had to follow. We agreed to alternate years for claiming our daughter, regardless of the custody split (I have her 40% of the time). Having it in a legal document solved all the arguments and confusion. The judge was totally fine with it since we both agreed. If you can work this out with your ex before finalizing the custody agreement, it'll save you years of headaches!

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Yara Abboud

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Can the custody agreement override the IRS rules? Like if the agreement says the non-custodial parent can claim the kids but they don't have the Form 8332, does that still work with the IRS?

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Connor Byrne

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The custody agreement itself doesn't override IRS rules, but it creates a legal obligation between you and your ex. For the IRS to recognize the non-custodial parent's right to claim the child, you still need Form 8332 or similar documentation. What works well is having the requirement to sign Form 8332 explicitly stated in your custody agreement. This way, if the custodial parent refuses to sign it when they're legally obligated to by the court order, you have recourse through family court. It's essentially a two-step process: the custody agreement creates the legal obligation between parents, and Form 8332 satisfies the IRS requirements.

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PixelPioneer

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Don't make the mistake I did! My ex and I had a verbal agreement that I'd claim our son even though he lived with her more (I paid all the support). Come tax time, she claimed him anyway and I got audited when I also claimed him. The IRS sided with her because she had him more nights and we didn't have anything in writing. Cost me over $3200 in tax benefits plus penalties.

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That's exactly what I'm worried about! Did you try to get the Form 8332 signed after the fact or was it too late by then?

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Hired as 1099 contractor but treated like W2 employee, then fired with earned commissions withheld - what can I do?

I recently had a nightmare situation with a company that I'm hoping someone can advise me on. I was brought on as a 1099 contractor for a 100% commission sales position. I worked there for just over 2 weeks, putting in 9-10 hour days, 6 days per week because they required me to be physically present during those hours. During my short time there, I absolutely crushed it - generated more leads than anyone else on the team. The issue is the commission structure has a 3-4 week cycle before payouts happen. The DAY before my first commissions were about to pay out (roughly $4000 worth), my supervisor terminated me for being 12 minutes late. I had been late once before and he casually mentioned "let me know next time" - definitely didn't indicate it was a fireable offense. Here's where it gets shady - all my leads and pending commissions were transferred to my supervisor who fired me. So he personally benefits from terminating me right before payout. I've earned ZERO dollars despite working 55+ hours weekly and using my own vehicle/gas for company business. The bigger issue: I believe I was misclassified as 1099 when I was clearly treated as a W2 employee: - They required specific work hours - Provided a uniform I had to wear - Dictated exactly how I should perform my work - Terminated me for not following their specific procedures - Controlled all aspects of my work activities What are my options here? Can I use the misclassification as leverage to get my earned commissions? Should I file a complaint with the state labor board? Is legal action worth pursuing for just 2 weeks of work? Any advice would be greatly appreciated!

Make sure you keep track of ALL your expenses during those two weeks! Since they misclassified you, those are potential tax deductions if you end up having to file as self-employed. Track mileage (the IRS rate is like 65.5 cents per mile for 2023), cell phone usage for work, any supplies or materials you bought. Even if you get reclassified as an employee later, having this documentation is super important. I'd suggest creating a spreadsheet with dates, mileage, purpose of trips, and any receipts for work-related expenses. Take photos of receipts before they fade too!

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Collins Angel

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Thanks for the advice on tracking expenses. I've actually been keeping all my gas receipts and noting my mileage in my phone. It was about 480 miles total over the two weeks just for work-related driving. I also had to buy some office supplies they claimed would be provided but weren't. Do you know if I can still claim these deductions if I file the misclassification complaint? I'm worried about doing something wrong on my taxes while this is all getting sorted out.

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You can still document all these expenses while your misclassification complaint is pending. The best approach is to keep everything organized as if you will need to file Schedule C (self-employment), but hold off on actually filing until you get a determination on your status. If the IRS rules that you were misclassified as a contractor and should have been an employee, the company will be responsible for their portion of FICA taxes (the employer half of Social Security and Medicare taxes). In that case, you'd file as an employee with a W-2 that the company would be required to provide, and many of those business expenses wouldn't be deductible anymore under current tax law for W-2 employees.

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Ezra Beard

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Have you checked if your contract has an arbitration clause? A lot of these shady companies include language that forces you into arbitration instead of court. Read the fine print of anything you signed! Also check if there's a class action against them already - these companies usually do this to lots of people.

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Even with arbitration clauses, labor board complaints are still valid in most states! Companies can't contract around labor laws. Had this exact situation and still won my case through the state despite the arbitration clause.

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Ezra Beard

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You're absolutely right! I should have been clearer about that. Labor board complaints and tax filings with the IRS are still options regardless of arbitration clauses, as these are government agencies enforcing laws rather than private litigation. What I meant was that if the OP is considering a private lawsuit for things beyond just wage claims (like potential fraud or other civil claims), that's where arbitration clauses can create hurdles. But you're 100% correct that for the core issues of misclassification and wage theft, the state labor board is still a valid path forward regardless of what the contract says.

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