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Ask the community...

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NebulaNova

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Anyone else planning to amend previous returns in light of this Limited Partner Self Employment exemption ruling? My accountant says we should go back and amend the last three years, but I'm worried that would just trigger an audit.

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I would NOT voluntarily amend returns unless absolutely necessary. The IRS has said they're developing guidance on implementation, so jumping the gun could cause more problems than it solves. I'm holding off until there's more clarity.

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Paolo Conti

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For anyone wondering about the Limited Partner Self Employment exemption ruling, I consulted with a former IRS attorney yesterday. He believes the ruling will likely stand on appeal because it's based on a functional interpretation of the statute rather than adding new requirements. His take is that anyone who was truly a passive investor with no management role might still have grounds to exclude income from SE tax. The real targets are active participants using the LP structure primarily as a tax strategy despite material participation in the business. He suggested documenting your lack of involvement if you want to maintain the exemption - meeting minutes showing you don't participate in management decisions, time logs showing minimal hours, etc.

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One practical reason the effective tax rate matters: understanding your true tax burden helps with budgeting throughout the year. When I was looking at withholdings from my paycheck, I kept thinking "why are they taking only 15% when I'm in the 22% bracket?" The answer was that my effective rate was actually around 15%. This helped me adjust my withholdings more accurately so I wouldn't get a huge refund (basically an interest-free loan to the government) or owe a bunch at tax time. Knowing your effective rate lets you more accurately plan your actual take-home pay!

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Can you explain how you calculated the right withholding amount? I always end up with either a huge refund or owing money, and I can never get it right.

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I used the IRS Tax Withholding Estimator on their website, which accounts for your total income, filing status, dependents, and expected deductions. The key is inputting accurate info about all income sources and any pre-tax deductions like 401k or health insurance. For a more manual approach, I take my expected annual income, subtract deductions, calculate the total tax using the brackets, then divide by the number of pay periods. This gives me the amount that should be withheld each period. If it differs from what's actually being withheld, I adjust my W-4.

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Mei Wong

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The way I explain tax rates vs effective rates to my friends: imagine you have 5 buckets. - First bucket (up to $11,000): taxed at 10% - Second bucket ($11,001-$44,725): taxed at 12% - Third bucket ($44,726-$95,375): taxed at 22% ...and so on Your dollars "fill up" each bucket before moving to the next. So your first $11k is always taxed at 10%, no matter how much you make total. The effective rate is just the average rate across all your filled buckets combined. This is why getting a raise that "puts you in a higher bracket" only affects the dollars that actually reach that new bracket!

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This bucket analogy makes so much sense! I've been trying to explain this to my partner for years. Quick question though - do tax credits affect the effective rate differently than deductions? Like if I get a $2,000 child tax credit vs a $2,000 deduction?

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Another option worth exploring is contacting your state's unemployment office. Sometimes they have employer information on file even when the IRS transcript is incomplete. I had to do this when filing back taxes from 2018, and the state labor department had the EINs for two companies that had gone bankrupt. Also, if your friend contributed to a 401k during that time, the plan administrator might have records with the employer information. Same goes for any health insurance he had through those employers - the insurance company may still have the employer EIN on file.

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Chloe Martin

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Thank you for this suggestion! I didn't even think about checking with the state unemployment office. He did have health insurance through one of the jobs so we'll definitely reach out to the insurance company as well. Do you remember what department specifically you had to contact at the state level? Was it just the general unemployment office or did you have to ask for a specific record-keeping division?

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I contacted the wage record unit within the state's Department of Labor. Most states have a division that handles wage reporting from employers for unemployment tax purposes. Just call the main unemployment office number and ask to be directed to whoever maintains employer wage records. For the health insurance angle, you'll want to contact the member services department and explain you need the employer information for tax purposes. Sometimes they'll need a written request, but in my experience, they were pretty helpful once I explained the situation.

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One thing nobody's mentioned yet - you should consider the statute of limitations for refunds when filing back taxes. If your friend is owed money from the IRS for 2020, he needs to file before April 2024 (3 years from the original due date) or he loses that refund forever! But if he OWES money, there's no time limit for the IRS to collect, so he definitely needs to get this sorted. Also, penalties and interest keep accruing the longer he waits to file.

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Actually the deadline for 2020 refunds would be May 17, 2024, since the IRS extended the filing deadline that year because of covid. But your point is totally valid - time is running out to claim any refund from 2020!

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Maya Jackson

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One thing I haven't seen mentioned yet is the holding period requirements for ESPP shares. Based on your dates (acquired 6/15/2018, sold 4/12/2021), you've met the long-term holding period requirements, which is good. If you had sold within 1 year of purchase or within 2 years of the offering date (when your ESPP purchase period began), it would be considered a "disqualifying disposition" which has different tax implications. In that case, you might have had to report additional ordinary income. Since you held the shares for nearly 3 years, you've met both holding period requirements, so you should only need to worry about the cost basis adjustment everyone's talking about. Just make sure you classify it correctly as long-term capital gains on your 8949.

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Leo McDonald

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Thank you for bringing that up! I was worried about the holding period but wasn't sure what the requirements were. It's good to know I'm in the clear for long-term capital gains treatment. Question: Does the adjusted cost basis calculation change at all based on meeting the holding period requirements? Or is it still just adding back the ESPP discount amount that was already included in my W-2?

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Maya Jackson

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The adjusted cost basis calculation remains the same regardless of whether you met the holding period requirements. You still need to add back the discount that was included in your W-2 income. The holding period just affects how the gain is classified (long-term vs. short-term) and whether you might have additional ordinary income to report. With a qualifying disposition like yours, you only have the capital gain to worry about (proceeds minus adjusted basis). The fact that you held the shares long enough simplifies things because you'll get the lower long-term capital gains tax rate on your profits.

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I've been doing my taxes for years and ESPP reporting is consistently one of the most confusing things. Here's a simplified way to think about it that helped me: 1. When you buy ESPP shares at a discount, that discount is considered compensation (essentially like a bonus from your employer) 2. Your employer includes this "bonus" in your W-2 income the year you purchase the shares 3. When you later sell those shares, you need to increase your cost basis by that "bonus" amount to avoid being taxed twice 4. On Form 8949, you list what's on your 1099-B, then use code B to adjust the basis My tax software (FreeTaxUSA) actually has a specific section for ESPP sales that walks through this calculation. I switched to it after TurboTax kept calculating my ESPP sales incorrectly.

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Amaya Watson

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Does FreeTaxUSA really handle this well? I've been using H&R Block online and it's completely confusing for stock sales. I have to manually override everything. Might switch if there's something that handles ESPP sales better.

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Skylar Neal

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One thing nobody mentioned - check if you're having state taxes withheld too! I had the same issue where I owed federal taxes at filing time, but then realized I was ALSO not having any state tax withheld. Double whammy. Make sure your W4 is set correctly for both federal AND state (some states have their own version of the W4).

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Omg yes!!! I'm in CA and didn't realize there was a separate state withholding form. Got absolutely destroyed at tax time. Had to set up a payment plan. Check ur state requirements!!!

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Skylar Neal

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That's a great point about California! Several states actually require their own withholding forms separate from the federal W4. California uses the DE 4 form, New York has the IT-2104, and Illinois uses the IL-W-4. Always check your paystub to make sure you're seeing both federal and state withholding amounts. Tax agencies don't notify you if you're not withholding enough - they just wait until filing time and then hit you with the bill and sometimes penalties. Better to slightly overwithhold and get a refund than to underwithhold and owe money plus potential underpayment penalties.

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Kelsey Chin

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This is probably gonna sound dumb, but check how many allowances youve put on ur W4. More allowances = less tax taken out during the year = bigger bill at tax time. I kept putting like 3 or 4 allowances (thinking it was like household size??) and kept owing money every April. Finally my payroll person explained that I should put 0 or 1 for my situation. Now I get a refund instead.

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Norah Quay

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Actually, the W4 form changed in 2020 and doesn't use allowances anymore! It's a completely different system now. You might want to submit an updated one with your employer.

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