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I was in almost this exact situation last year with my ex. We were separated for 8 months but not legally divorced by year-end. My advice? Protect yourself first. We tried filing jointly because it saved him about $4,000, but then he never paid his portion of what we owed. Guess who the IRS came after for the entire amount? ME. Even though we had a written agreement about splitting the tax bill, the IRS doesn't care about that - they just want their money. If you do file jointly, make sure you get his portion of any tax due BEFORE you file. Don't trust promises to pay later. And know that if he has any issues like unreported income, back child support, or defaulted student loans, any joint refund could be seized to cover his debts. Filing separately might cost you both more in total taxes, but the peace of mind knowing you're only responsible for your own tax situation is worth it, especially during a separation that might turn contentious.
Yikes, that's exactly what I'm worried about. He's suggesting we file jointly but says he can't pay me his portion until he gets his tax refund from a previous year that's still processing. Did you find that you lost a lot of tax benefits by filing separately? I'm worried about losing my education credits.
That's a huge red flag! If he's waiting on a prior year refund, there's a good chance the IRS is holding it for some reason - maybe prior tax debt, child support, or other government debt. That refund he's counting on might never arrive or might be much smaller than he expects. I did lose some tax benefits filing separately. The biggest hits were lower thresholds for certain deductions and credits and losing the ability to contribute to a Roth IRA (my income was too high for separate filing but would have qualified under joint). However, my education credits actually worked out better filing separately because they have income limits that are easier to stay under with just my income. In your case, with a significant income difference and you being a student, filing separately might actually preserve more of your education credits. The American Opportunity Credit and Lifetime Learning Credit both start phasing out at lower combined income levels.
Hey everyone, quick update from someone who's been through this - the TCJA (Tax Cuts and Jobs Act) changed some rules that affect this situation. If you file separately: 1. You both MUST either take the standard deduction OR both itemize - you can't mix and match anymore 2. If he claims any kids as dependents, you can't claim the Earned Income Credit even with your other kids 3. You'll have lower income thresholds for education credits, child tax credits, and retirement contribution deductions I'm not a CPA, but I found FreeTaxUSA let me toggle between filing statuses to compare before finalizing. It's way cheaper than TurboTax and showed me a side-by-side comparison of how each credit and deduction changed. In my case, filing jointly would have saved us about $3,200 combined, but I filed separately anyway because my ex had issues with unreported income that could have triggered an audit. Best $3,200 I ever "spent" to avoid that headache!
This is super helpful! One more thing to add - if you file separately and your spouse itemizes deductions, you CANNOT claim the standard deduction. My ex itemized without telling me, and I had to redo my whole return. Also, the income threshold for education credits drops dramatically for married filing separately - I think it's around $10,000 for some credits, which might be below your income.
Has anyone actually had an IRS notice or audit where this specific issue came up? I'm wondering how the IRS computer matching system handles 1099-MISC Box 3 income that's reported on Form 8825 instead of appearing directly on Form 1065.
That's really helpful to know! Thanks for sharing your real experience. I'll make sure to have solid documentation ready in case we get a similar notice. Did you respond to the notice yourself or have your accountant handle it?
Our accountant drafted the response, but we had to provide all the backup documentation showing these were actually rental payments. The key was having the platform statements that clearly showed these were payments for specific rental properties. Our accountant said the IRS sees this issue frequently with vacation rental partnerships using platforms like Airbnb, VRBO, etc.
One thing nobody's mentioned - if your partnership uses the accrual method of accounting, make sure you're reporting the income in the correct tax year. 1099-MISC reports are based on when the payment is made (cash basis), but if you're on accrual, you need to report income when earned regardless of when the 1099 shows it was paid. This can cause even more confusion with matching. Our partnership had this exact issue where a December booking was paid in January, creating a mismatch between our accrual-based 8825 and the cash-based 1099-MISC reporting.
Omg that's a really good point I hadn't even considered! We are on accrual basis, and we definitely have December bookings that get paid out in January. Now I'm worried about potential mismatches. How did you handle this in your case?
We included a separate reconciliation schedule that showed: 1) income per 1099s received for the tax year, 2) plus accrued income from prior year paid in current year, 3) minus income accrued in current year but paid in next year, 4) equals income reported on tax return. Basically you want to show the math of how you get from your 1099 amounts to what's on your return. We also noted which specific properties had timing differences. It's a bit more work, but it creates a clear audit trail.
I've been using Credit Karma Tax (now Cash App Taxes) for the last three years and it's completely free for federal and state. It handles my moderately complex return fine (W2, mortgage interest, some investments, HSA contributions). The interface isn't as hand-holdy as TurboTax but if you generally know what forms you need, it's great. Zero upsells since it's totally free.
Do they handle Schedule C for small businesses? I have a side hustle selling crafts online and I'm trying to file properly without spending a fortune.
Yes, they do handle Schedule C for small businesses and side hustles. I actually started using them when I had a small consulting gig on the side. It covers all the common business deductions and expenses. The interface for business income isn't quite as polished as TurboTax's, but again, completely free is hard to beat. If you have inventory for your crafts business though, just be aware you'll need to understand the basics of how to track that yourself - this is true of most DIY tax software.
I actually still use a local CPA for my taxes and it's worth every penny. Costs me $350 but he's saved me thousands over the years by catching things I'd miss and giving me year-round tax planning advice. If your situation is getting more complex with that side gig, might be worth considering. My guy answers questions all year without charging extra.
That's interesting - I've always been hesitant about the cost of a CPA, but I never thought about the year-round advice aspect. How did you find your CPA? And did you interview multiple people before choosing?
One thing nobody's mentioned that you should consider - make sure you're documenting this transaction properly. My family did something similar and years later the IRS questioned whether it was a legitimate loan vs. a gift of the entire property amount. You should: 1. Have a properly drafted promissory note or deed contract 2. Set a fixed repayment schedule 3. Keep records of all payments 4. Make sure the loan is secured by the property 5. Have the document properly recorded where required by local law The fact that it's a legitimate transaction with regular payments will help establish that it's a true loan, despite the 0% interest rate.
This is really helpful advice. Should we get an attorney involved to draft the documents properly? Is there anything specific we should include in the promissory note to make it clear this is a legitimate loan transaction?
Yes, I would definitely recommend having an attorney draft or at least review your documents. The cost of legal help upfront is much less than dealing with IRS issues later. Make sure your promissory note includes all standard loan terms - principal amount, payment schedule, consequences for default, security interest in the property, etc. Even though there's no interest, everything else should look like a standard loan. Also include language acknowledging that both parties understand there may be imputed interest for tax purposes. Having your uncles keep a payment ledger showing receipt of your payments provides additional documentation of the loan's legitimacy.
Has anyone mentioned the possible income tax deduction for you? If this is investment property producing income, you might be able to deduct the imputed interest as an investment interest expense, even though you're not actually paying it. Might want to look into that angle too.
Sean Matthews
We moved from Onesource to Drake for our partnership returns last year and honestly it was a mixed bag. The price is WAY better, but we did lose some of the more sophisticated allocation features. For a large firm doing complex 1065 work, I'd probably look at GoSystem Tax RS if you want high-end features with better support. The transition was somewhat painful tho - expect at least a full tax season before your team is fully comfortable.
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Ali Anderson
ā¢Did you have any data migration issues? We have 10+ years of client data in Onesource and I'm worried about losing historical information. Were you able to bring over basis info and carryforwards?
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Sean Matthews
ā¢Data migration was our biggest headache. Most basics transferred okay, but partnership basis information had to be manually verified for every partner. We lost some of the historical allocation details and had to rebuild them. Carryforwards like capital losses and charitable contributions were particularly problematic - about 25% had errors we had to fix manually. If you do switch, I highly recommend running parallel systems for a year and comparing outputs before fully committing. Budget extra staff time for data verification during the transition.
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Zadie Patel
Has anyone here used both Lacerte and ProSeries for 1065s? We're a smaller firm (but growing) trying to decide between the two. Currently using ProSeries but wondering if Lacerte is worth the higher price for partnership returns specifically?
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A Man D Mortal
ā¢I've used both extensively. For partnerships specifically, Lacerte is significantly better - especially for complex allocations and multi-tiered partnerships. The additional cost pays for itself in time savings and reduced errors. ProSeries struggles with more complex 1065s and the data entry flow isn't as intuitive.
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