


Ask the community...
Something that hasn't been mentioned yet - if you're thinking about selling your home in the future, be careful with home office depreciation. When you sell, you'll have to "recapture" the depreciation you took on the business portion, even if you qualify for the primary residence exclusion on the rest of the home. I learned this the hard way!
Whoa I had no idea about the "recapture" thing! What exactly does that mean? Would we have to pay back all the tax savings from the depreciation when we sell the house?
You don't exactly "pay back" the tax savings, but the amount you depreciated gets taxed when you sell. For example, if you depreciated $20,000 of your home office over the years, that $20,000 would be subject to depreciation recapture tax (typically at 25%) when you sell, even if the rest of your home sale qualifies for the capital gains exclusion. So you'd pay around $5,000 in recapture tax on that $20,000 of depreciation. The benefit is that you got tax deductions spread over many years, which usually outweighs this future tax. This is why proper record-keeping is crucial - you need to track all the depreciation you claim to calculate this correctly when you eventually sell.
Question for anyone who uses TurboTax - where exactly do you input the home office info? I'm trying to help my sister with her taxes and she's confused about how to claim depreciation for the space she uses for her Etsy business.
In TurboTax, you enter it through the business income section under Schedule C. When you get to the expenses part, there's a specific section for "Business use of home." It'll ask for the total square footage of your home and the square footage used exclusively for business. Then it will walk you through either the simplified method (standard $5 per sq ft up to 300 sq ft) or the regular method where you enter actual expenses including depreciation.
One thing nobody mentioned yet - make sure you have a solid Operating Agreement that specifies how profits and losses are allocated. Without this, the IRS assumes equal distribution regardless of who contributed what. Also, consider if you want to make a special allocation for tax purposes. For example, if one partner contributed more startup capital, you might want to allocate more of the initial losses to them (if applicable). But be aware that special allocations need to have "substantial economic effect" to be respected by the IRS. This gets complicated fast, so you might want professional help with this part.
We do have an operating agreement, but it's pretty basic and just says we split everything equally. Is that sufficient? Also, what exactly is "substantial economic effect" and how do we know if our allocations meet that requirement?
Your basic agreement splitting everything equally is actually the simplest approach for IRS purposes, so that's fine. "Substantial economic effect" is the IRS's way of ensuring that tax allocations reflect economic reality. Basically, tax benefits should go to the partner who actually bears the economic burden or receives the economic benefit. For example, if your agreement said Partner A gets 90% of the tax losses but only 10% of the actual profits when you sell or liquidate the business, the IRS would likely reject that as lacking substantial economic effect. The partner getting the tax benefits must also bear the economic consequences. When you allocate everything equally, this usually isn't an issue unless you have complex arrangements like guaranteed payments or preferred returns.
Has anyone handled QBI (Qualified Business Income) deduction with partnerships? My accountant says partnership income qualifies but I'm confused about how it passes through to personal returns.
Yes, partnership income can qualify for the QBI deduction (Section 199A). The partnership doesn't take the deduction itself - it's calculated and claimed on each partner's individual return based on their share of qualified business income. The partnership will provide information on each partner's K-1 about qualified business income, W-2 wages paid by the business, and qualified property. Partners then use this information on Form 8995 or 8995-A on their personal returns to calculate their deduction. The deduction can be up to 20% of QBI, subject to limitations based on taxable income, business type, and W-2 wages/qualified property.
One important thing no one has mentioned yet is that you should check if the statute of limitations has expired for that 2016 tax year. Generally, the IRS has 3 years from the date you filed to assess additional tax, so if you filed on time in April 2017, the assessment period would have ended in April 2020. However, there are exceptions - if they can show substantial underreporting (over 25% of your income), the limit extends to 6 years. And there's no limit if they can prove fraud, but that doesn't sound like your situation. When exactly did you receive this notice? If it was after April 2020 and you don't fall into one of the exception categories, you might have a solid case based on the statute of limitations alone.
That's an excellent point I hadn't considered! I received the notice in January 2023, so well past the 3-year mark. I definitely didn't underreport by 25% (my income was all W-2 and reported correctly), and there's certainly no fraud involved. Is there a specific way I need to raise the statute of limitations issue in my appeal? And do I need to provide any specific evidence to support this argument?
If you received the notice in January 2023 for tax year 2016, and you filed on time in 2017, then you absolutely should raise the statute of limitations issue in your appeal. This could potentially resolve the entire 2016 dispute in your favor. In your appeal, you should specifically state: "I am disputing this assessment on the grounds that it violates the statute of limitations under IRC Section 6501(a), which provides a three-year limitation period for assessment of additional tax." Include a copy of your 2016 tax return or transcript showing when it was filed, and request that the assessment be abated in full due to the expiration of the assessment statute. If for some reason the IRS claims one of the exceptions applies, they have the burden of proof to demonstrate that. But based on what you've described (W-2 income, standard deduction), it's unlikely they can justify a six-year statute of limitations.
I just want to add that if you decide to handle this yourself, document EVERYTHING. Every call, letter, and interaction with the IRS should be recorded with date, time, the name of the person you spoke with, and what was discussed. If you call the IRS, always ask for a reference number for the call. This has saved me multiple times when the IRS later tried to claim they had no record of previous conversations. Also, send everything via certified mail with return receipt requested. The IRS is notorious for "losing" documents, and having proof of delivery has been crucial in my past dealings with them.
This is such important advice! I learned this the hard way. I had an issue similar to OP's and the IRS claimed they never received my response to their initial notice, even though I mailed it. I didn't have proof of mailing, so I was stuck starting the whole process over again and lost my first-level appeal opportunity. Now I use certified mail for everything and scan copies of all documents before sending them. I also take screenshots of any online submissions or confirmations.
The 401k overcontribution issue happened to me too! The way I handled it in TurboTax was: 1. Enter the 1099-R you received for the returned excess 2. Make sure you check that it was a "return of excess contributions" 3. The earnings portion (if any) is taxable in the year you receive it TurboTax has a specific workflow for this but their "experts" apparently don't know about it. Try searching "excess contribution" in the TurboTax help section instead of asking their live people.
Thanks for this! Where exactly is that option? I searched around but couldn't find the specific "return of excess contributions" checkbox.
When you enter the 1099-R information, there should be a question about the type of distribution. One of the options is "return of excess contributions." It's in the section where you're entering the distribution code from Box 7. If you've already entered it differently, you can go back and edit the 1099-R entry. Look for "Your Income" in the left sidebar, then find the 1099-R entry and click on it to edit. The option should appear during the workflow.
Pro tip: Skip TurboTax's live help and just call the IRS directly with questions like these. Despite what people think, the IRS phone representatives are actually pretty helpful and give correct information (when you can actually get through). For the 1099-R rollover question, that's literally their job to answer correctly, unlike some random TurboTax contractor who might be in their first tax season.
Call the IRS directly? Lol good luck with that. I tried calling 8 times this season and either got disconnected or told the wait time was 2+ hours. Never actually spoke to anyone.
QuantumQuasar
For future reference, whenever you start a second job mid-year, you should always adjust your W-4 withholding. There's a specific checkbox on the W-4 form for multiple jobs that helps account for this exact situation. Most people skip this section not realizing how important it is.
0 coins
Dmitry Petrov
ā¢Is it too late to do anything about it for this year's taxes? Or am I just stuck with the lower refund?
0 coins
QuantumQuasar
ā¢For this year's taxes, you're unfortunately stuck with the current situation. The withholding already happened in 2024, and you can't retroactively change it. However, you can absolutely prevent this from happening again. Fill out a new W-4 for both jobs right away, making sure to check the multiple jobs box or complete the multiple jobs worksheet. This will ensure the proper amount is withheld going forward and you won't have another surprise next tax season.
0 coins
Keisha Jackson
Has anyone tried using a different tax software? Sometimes TurboTax can be confusing with how it displays refund changes. I switched to FreeTaxUSA last year and found it was much clearer about explaining why my refund amount changed when adding forms.
0 coins
Paolo Moretti
ā¢FreeTaxUSA is way better at explaining these things. It has a detailed summary page that breaks down exactly how each form affects your overall tax situation. And it's way cheaper than TurboTax for basically the same service.
0 coins