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I'm seriously stressing out right now. Just got a letter saying I'm being audited by my state tax department for my 2019 return (filed in 2020). They're claiming I paid ZERO in state taxes that year which is absolutely ridiculous! I definitely paid my taxes - I was working full-time at an accounting firm and taxes were withheld from every single paycheck. The problem is I can't find my copy of that return anywhere. I used TurboTax back then but they only keep returns accessible for 6 years, so my 2019 one is gone from my account. I tried the IRS website to get a transcript but their online system only shows returns back to 2021. I've never been audited before and I'm freaking out a little. My taxes were super straightforward that year - just W-2 income, standard deduction, nothing complicated at all. I'm 34 and have always filed on time, never had any issues with state or federal taxes before. How can I get a copy of this old tax return? The state is giving me 30 days to respond and the clock is ticking! Any advice would be incredibly appreciated!
I'm banging my head against the wall because I just realized I've completely misunderstood how multi-member LLCs work for tax purposes. I didn't know we had to file tax returns for losses! We have this small side business between me and three friends that barely makes $530/year (seriously, just five hundred thirty bucks, not thousands) and we've been operating for almost 3 years now without filing anything. We've been super diligent about tracking what each person puts in and what little revenue we generate, and we're still operating at a loss as expected for a startup. We haven't even come close to breaking even yet. How do we handle filing Form 1065 for the previous years that we missed? Can we still claim those business losses? I'm worried we might face penalties or something. Any guidance would be super appreciated!
One thing nobody's mentioned yet - did you guys elect to be treated as a partnership when you formed the LLC? Because by default, a multi-member LLC is treated as a partnership, but you can elect to be treated as an S-Corp or C-Corp by filing Form 8832. If you did that, then different filing requirements would apply. Also, the $400 revenue is so small that there's another option potentially - you could argue this is more of a hobby than an actual business, especially if none of you were putting significant time into it. Hobby losses aren't deductible anymore after the 2017 tax changes, but that might actually work in your favor regarding penalties.
We never filed any special elections - just formed the LLC with our state. I guess that means we defaulted to partnership treatment? The thing is, we do intend it to be a profit-making business eventually, we're just in the startup phase where we're developing our product and not making much yet. We've each put in maybe 5-10 hours a week, so it's definitely not just a hobby for tax purposes.
Yes, if you never filed Form 8832, then you defaulted to partnership tax treatment, which means Form 1065 filings were required. Even with the small revenue, the fact that you're spending consistent time on it (5-10 hours weekly) and have an intent to make profit would likely qualify it as a business rather than a hobby in the IRS's view. That means you definitely need to file those past-due 1065 forms, but also that each partner should be able to deduct their share of the losses on their personal returns, which could be beneficial. Make sure to document your business intention well - keep business plans, marketing materials, etc. that show you're legitimately trying to make this profitable, which helps if you're ever questioned about the business vs. hobby distinction.
Can you file Form 1065 yourself or would you recommend using a tax professional? I'm in a similar situation with a 2-member LLC that hasn't filed for 2 years.
Partnership returns can get complicated, especially when catching up on multiple years. While it's possible to DIY with tax software like UltraTax or Lacerte, I'd recommend at least consulting with a tax professional who has partnership experience. The forms themselves aren't super complicated for a small business, but allocating items correctly on Schedule K-1s and ensuring consistency across multiple years can be tricky. If your partnership structure is simple and your financials are straightforward, you might be able to handle it yourself after getting some guidance. But if there's any complexity (special allocations, guaranteed payments, etc.), professional help is worth the investment to avoid future headaches.
I'm totally confused about something that seems like it should be simple. I'm planning to take a distribution from my retirement account and trying to figure out my marginal tax rate for withholding purposes. But I noticed something weird - the marginal tax rates shown on the IRS website don't match what's on their W-4R form! I looked at the official IRS website that shows the 2024 tax brackets and rates. Then I downloaded the W-4R form (for withholding from retirement accounts) and the rates are completely different! Am I missing something obvious here? The website shows one set of percentages and income brackets, while the W-4R form shows totally different numbers. How am I supposed to know which one to use when calculating how much to withhold? I don't want to end up owing a bunch at tax time, but I also don't want to withhold too much. Has anyone else noticed this discrepancy? Is there a reason they're different or is one of them outdated maybe?
Another factor to consider is that the W-4R is designed for ongoing periodic payments (like monthly pension distributions) as well as one-time distributions. For periodic payments, the withholding system assumes you're receiving that same amount throughout the year, which affects how it calculates your withholding rate. If you're taking a one-time large distribution, the standard withholding calculation might significantly underestimate your actual tax liability because it doesn't know about your other income sources. That's why there's an option to specify additional withholding on the W-4R form.
Do you know if the 10% early withdrawal penalty (I'm 52) is automatically factored into the withholding calculations or do I need to manually account for that too?
The 10% early withdrawal penalty is not automatically factored into the withholding calculated using Form W-4R. The withholding only covers the income tax portion, not the penalty. If you want to cover the penalty amount through withholding, you'll need to manually calculate 10% of the taxable portion of your distribution and add that as additional withholding on the form. Otherwise, you'll need to pay that penalty amount when you file your tax return or through estimated tax payments during the year.
Has anyone actually compared the exact numbers between the two rate schedules? I did some calculations and found that the W-4R rates tend to withhold LESS than the actual tax rates would suggest for higher incomes and MORE for lower incomes. Seems like they're "averaging" the brackets somehow?
Hey tax people! I'm a bit confused about my filing requirements this year. I'm currently in my junior year of college and don't have a regular job. I've been experimenting with day trading on Robinhood since about March and only made around $72 in total gains for the year (yeah I know, not exactly Warren Buffett over here lol). I don't have any W2 income at all, literally zero. From what I've read online, ALL short-term capital gains are technically taxable regardless of the amount? But seriously, do I really need to go through the hassle of filing for such a tiny amount? Will the IRS even care about $72? It seems like a waste of everyone's time, but I don't want to accidentally commit tax fraud either! My parents still claim me as a dependent if that matters. Would appreciate any advice on whether I need to file or if the IRS would just ignore such a small amount. Thanks!
A little more info that might help - the filing threshold for dependents with only unearned income (like your trading gains) is $1,250 for 2025. Since your $72 is way below that, you're definitely not required to file. But keep in mind if you get more serious about day trading, you'll want to track everything carefully. Things like wash sales can complicate your taxes even with smaller amounts. Day traders who make a certain number of trades can potentially qualify for trader tax status which has different rules entirely.
Thanks! I definitely started tracking everything more carefully after reading these responses. Do you know if apps like Robinhood automatically account for wash sales on their 1099 forms?
Robinhood does report wash sales on their 1099-B forms, which is helpful. You'll see adjustments to your cost basis when wash sales occur. However, there's a potential issue - if you trade the same security across different platforms (like Robinhood and Webull), those platforms don't communicate with each other about wash sales. So while each platform reports wash sales that happen within their system, they can't detect wash sales that might occur when you sell at a loss on one platform and rebuy on another within 30 days. In that case, you'd need to identify those wash sales yourself when filing. But for your current situation with just Robinhood and small amounts, their reporting should be sufficient.
Dont overthink this. The IRS has bigger fish to fry than chasing down college students with $72 in trading gains lol. I didnt file for 2 years during college with similar small gains and never heard a word from them.
I have to respectfully disagree with this advice. While it's true the IRS is unlikely to pursue such a small amount, recommending not filing when required isn't good practice. In this specific case, OP actually isn't required to file based on the dependent unearned income threshold, but that won't be true for everyone reading this thread. Better to understand the actual rules than risk problems down the road.
Fine, technically you're right. But let's be real - the IRS is severely understaffed and focused on high-value enforcement. The chance of any consequences for not filing when you're owed a tiny refund or owe virtually nothing is practically zero. But yes, everyone should "understand the actual rules" π
Hey tax people! I'm totally confused about filling out Form 8863 for education credits. My daughter just started her second semester of college, and I got her 1098-T form from the school. I'm trying to figure out which box to check on Form 8863 - is she considered "first year" or "second year" student? She started in Fall 2024 and is now in her Spring 2025 semester. The 1098-T shows about $14,500 in qualified expenses for the year, but I'm not sure if I'm supposed to mark her as "first year" since this is her freshman year, or "second year" since she's in her second semester. Does anyone know how this works? Also, do I need to attach the actual 1098-T to my return or just keep it for my records? I'm using TurboTax but it's not really explaining this well. Thanks for any help!
Just to add another perspective on Form 8863 - make sure you're keeping track of which year you're claiming the American Opportunity Credit for each student. You can only claim it for 4 tax years per eligible student, and they don't have to be consecutive years. I messed this up with my older daughter when she took a gap year in the middle of college, and we almost lost a year of credits. Double check if you've claimed it in previous years!
What happens if your kid takes more than 4 years to graduate? My son is probably going to take 5 years to finish his degree. Can I still claim anything in that fifth year?
After you've used the American Opportunity Credit for 4 years, you can still claim the Lifetime Learning Credit for any additional years. The Lifetime Learning Credit doesn't have the 4-year limit that AOTC has. The Lifetime Learning Credit is worth less overall (20% of up to $10,000 in qualified expenses, so maximum $2,000 credit), compared to AOTC which can be up to $2,500. But it's definitely better than nothing for that fifth year! Also, Lifetime Learning has fewer restrictions - doesn't require half-time enrollment and can be used for graduate school too.
Has anyone had luck claiming the education credit when the 1098-T box 1 (payments received) is LESS than box 5 (scholarships)? My daughter got a big scholarship that covered tuition plus some room & board, but I know some of those living expenses aren't qualified education expenses anyway.
I dealt with this last year. If box 5 is larger than box 1, it usually means the scholarship/grant money exceeded qualified tuition expenses. You generally can't claim a credit in this case because there are no "out-of-pocket" qualified expenses. BUT - here's the trick: If your scholarship/grant is more than qualified expenses, you can choose to treat some of the scholarship as taxable income to your daughter, which then allows you to claim a credit for that same amount of expenses. This sometimes works out better overall, especially if your daughter has little/no other income.
Isaac Wright
Check with your bank too! When I was audited for 2018, I went to my bank and got statements showing all my tax payments that year. My bank keeps records for 7 years, and they had every electronic payment I'd made to the state tax board. This was enough proof for my audit, along with paystubs showing withholdings. State tax agencies can be more forgiving than the IRS if you can show good faith efforts to comply. Don't ignore the letter, but don't panic either. Just respond with whatever documentation you can gather.
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Kolton Murphy
AuthorThat's a really good idea! I do remember paying online through my bank for some quarterly estimated payments too. Would showing the bank statements be enough though? I'm worried they'll say I need the actual tax forms.
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Isaac Wright
Bank statements are considered strong supporting evidence, especially for proving payments were made. While they may not replace the actual return completely, they directly contradict the claim that you paid zero taxes. Include a brief letter explaining your situation and that you're providing the best documentation available to you. Most state auditors are reasonable when presented with clear evidence of compliance. The key is showing you're making an honest effort to resolve the issue. If possible, combine these bank statements with your W-2 from that year and any IRS transcript you can obtain. Together, these paint a clear picture of your tax situation.
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Maya Diaz
Has anyone actually dealt with reconstructing a missing return when responding to an audit? I lost all my 2020 docs in a move and am worried about something like this happening to me.
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Tami Morgan
I had to deal with this exact situation. What worked for me was getting wage transcripts from the IRS (shows all your income reported on W-2s and 1099s), bank statements showing tax payments, and any other financial records from that year. Put it all together with a letter explaining the situation. In my case, the state tax auditor was actually pretty understanding once I showed I had legitimate documentation, even if it wasn't the exact original return. The key was being proactive and not ignoring their requests.
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