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7 One thing to consider - if you both intended to operate as separate businesses that just happened to collaborate on a project in 2023, and only later decided to formalize as a partnership in 2024, you could potentially justify the Schedule C route. But from your description, it sounds like you intended to be partners from the beginning. The key question is: what was your intent when spending that money in 2023? If you always intended to be in business together rather than individually, it's a partnership regardless of when you got the EIN.
1 You make a good point about intent. We definitely went into this planning to be partners from day one - we split costs 50/50, made decisions together, and had a handshake agreement about profit sharing. So it sounds like we really should file as a partnership for 2023. If we do file Form 1065 for 2023 now, how complicated is the process for a business that technically existed but had no income, only startup expenses?
7 Since your intent was clearly to operate as partners from the beginning with your 50/50 cost splitting and shared decision-making, filing Form 1065 for 2023 is definitely the correct approach. Filing a Form 1065 for a startup year with only expenses isn't particularly complicated. You'll report zero income and list all the qualified business expenses on the appropriate lines. The form will show a loss, which will flow through to each partner's K-1 based on your ownership percentages. Make sure to include a statement that clearly identifies these as startup costs under IRC Section 195. The main challenge is just categorizing all your expenses correctly.
20 Has anyone used TurboTax Business to file a late 1065? I'm in a similar situation and wondering if their software lets you file for previous tax years or if I need to use something else.
11 I used TurboTax Business for a late 2022 partnership return last year. You need to buy the software for the specific tax year you're filing for (so 2023 TurboTax Business for a 2023 return). They keep previous years' versions available for download on their website specifically for late filings.
One thing nobody has mentioned yet - make sure you're also taking advantage of claiming "Head of Household" status since you're supporting your family as the sole income earner. It gives you a better tax rate and higher standard deduction than just married filing jointly.
That's not correct. You can't claim Head of Household if you're married (unless you're legally separated or meet very specific requirements). If he's married and living with his wife, Married Filing Jointly is the correct status, not Head of Household.
Oh shoot, you're right - I was mixing up the requirements. For some reason I was thinking Head of Household was for anyone supporting dependents, but you're correct that married couples living together can't use it. Thanks for the correction! Married Filing Jointly would indeed be the right status in this case.
Have you considered having your wife do some kind of small side gig that earns under $600 per year? If she does that, you could potentially contribute to a spousal IRA for her which might give you some additional tax benefits. Just an idea to optimize your tax situation further!
Actually, your spouse doesn't need earned income for you to contribute to a spousal IRA as long as you file jointly and have sufficient earned income yourself. It's one of the few exceptions to the "earned income" requirement for IRA contributions.
Have you considered bankruptcy? Tax debts CAN sometimes be discharged in bankruptcy contrary to what most people think. If the taxes are more than 3 years old, you filed the returns more than 2 years ago, and the taxes were assessed more than 240 days ago, they might be eligible for discharge in Chapter 7. Even if they can't be discharged, Chapter 13 bankruptcy could force both the IRS and state into a reasonable payment plan based on what you can actually afford.
This is actually not entirely accurate. While some taxes can be discharged in bankruptcy, there are strict requirements. Self-employment taxes specifically have additional complications because they include both income tax and what would normally be FICA taxes (Social Security and Medicare). The FICA portion is much harder to discharge. Also, filing fraudulent returns or willful evasion will prevent discharge regardless of timing. Given that OP deliberately chose not to pay the taxes to fund their business instead, a bankruptcy judge might view that as willful evasion.
I worked for a state tax agency for 8 years. Here's what's happening with your state tax bill: most states have much higher penalty and interest rates than the IRS, and many states (unlike the IRS) compound interest. This is why your state bill has grown more dramatically. For state taxes, I'd recommend requesting a penalty abatement first. Many states have first-time abatement programs similar to the IRS, and some even have hardship programs if you've been in difficult financial circumstances. Don't assume the 10-year rule applies to your state. Some states like California and Kentucky have much longer collection periods (20 years and unlimited, respectively). You need to check your specific state's rules.
One thing nobody's mentioned - you should double check that this client is actually going to issue you a 1099-NEC. Some companies mistakenly think that categorizing someone as a "vendor" means they don't need to issue a 1099. If they paid you $600+ they're required to, but sometimes companies mess this up. If they don't send one, you still need to report all the income anyway. Just keep good records of all payments they made to you. And you might want to politely remind them now that they need to issue you a 1099-NEC by January 31st.
Thanks for bringing this up! I'm definitely worried they won't send the 1099 now. Should I just email them and explicitly ask if they'll be sending a 1099-NEC since I'm classified as a vendor in their system? I have all my payment records but would obviously prefer to have the official form.
Yes, I'd recommend sending them a polite email asking for confirmation that they'll be issuing you a 1099-NEC for the 2024 tax year. Something like: "I understand I'm classified as a vendor in your system, and I just wanted to confirm you'll be issuing a 1099-NEC for tax purposes since the payments exceeded $600 this year." If they come back and say they don't issue 1099s to vendors, you can politely inform them that IRS rules require a 1099-NEC for independent contractors/vendors who were paid $600 or more for services. Sometimes the accounting department just needs a friendly reminder about the requirements.
Just a quick tip: Some companies incorrectly use the term "vendor" for any external service provider in their accounting system, when they actually mean independent contractor. Their terminology doesn't change your tax status. However, definitely check with the other two clients as well. And start keeping track of your business expenses carefully - office supplies, software subscriptions, home office expenses if you qualify, etc. Those can really add up and reduce your taxable self-employment income.
Carmella Popescu
Another option that might work - have you tried contacting the tax preparer who did your amended return? If you used a professional, they should have kept a copy of everything they filed for you, including the 1040X with the date. If you used tax software, you might be able to log back in and reprint the form.
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Vera Visnjic
ā¢I actually prepared and filed the 1040X myself using paper forms because the amendment was pretty simple - just correcting an education credit amount. So I don't have a preparer to contact. And I do have the physical copy, it's just missing the date in the signature section, which apparently is a deal-breaker for my financial aid office. They're super strict about having complete documentation.
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Carmella Popescu
ā¢That's unfortunate. In that case, I think your best options are what others have suggested - either visiting a Taxpayer Assistance Center in person for immediate help or using one of the services mentioned to get through to the IRS more efficiently. Since you mentioned your deadline is approaching, I'd probably pursue multiple options simultaneously. Start the process with taxr.ai since that seemed to work for someone else with your exact issue, but also try to schedule an in-person appointment at a TAC as a backup plan.
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Kai Santiago
Has anyone else noticed that the IRS seems to be getting even harder to deal with recently? Last year I could at least get through to a person after about 45 mins on hold, but now it's like they don't even pick up at all.
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Lim Wong
ā¢I heard they're severely understaffed and dealing with massive backlogs still. My cousin works for the IRS and says they're processing literally millions of paper forms with too few employees. Apparently the best times to call are early Tuesday, Wednesday or Thursday mornings right when they open.
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Kai Santiago
ā¢Thanks for the tip. Maybe I'll try calling at 7am on Tuesday and see if that helps. It's just frustrating that they make it so difficult to get basic documents that we're legally required to have.
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