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I've owned Energy Transfer LP for years and have always had Box 16 checked. I've never waited for the K3 and never had an issue. My accountant says that unless you have other foreign investments or are claiming foreign tax credits, the K3 information is essentially irrelevant to your return. The way I understand it, the checkbox is basically saying "this partnership has some foreign activity" but that doesn't mean YOU have any foreign reporting requirements. It's similar to how some of these MLPs have tax-exempt income that flows through to you - the fact that the partnership has it doesn't necessarily create a special filing requirement for you.
Have you ever been audited though? I'm worried that ignoring anything on the K1 could trigger something later. Just because you haven't had an issue yet doesn't mean the IRS won't come back years later.
No, I've never been audited for this issue. You're not really "ignoring" anything on the K-1 though - you're using all the information that's relevant to your individual tax situation. The K3 just provides additional detail for certain foreign transactions that most domestic investors don't need to report. The IRS generally focuses audit resources on areas where significant tax might be underreported. For most domestic investors in MLPs, waiting for a K3 that won't change your tax liability isn't likely to be a high audit priority. I've been filing this way for over 7 years with multiple MLPs and haven't received so much as a notice.
Does anyone know if TurboTax handles this situation properly? When I enter my K1s from my MLPs (MPLX and Enterprise Products), it keeps showing a warning about foreign transactions and suggests I might need to wait for additional information. But from reading this thread, it sounds like I can ignore that warning since I'm only a US investor?
TurboTax is super annoying with MLP K-1s. I had the same warning last year and called their support. They confirmed that if you're a US-only investor with no foreign tax credit claims, you can override that warning and proceed with filing. There's actually a checkbox somewhere in the foreign income section where you can indicate you have no foreign filing requirements.
Have you looked into becoming an authorized FIRE system user? Our county had the same problem with 1098-F forms last year. You need to complete Form 4419 (Application for Filing Information Returns Electronically) to get a Transmitter Control Code (TCC). Once approved, you can use the FIRE system to upload your forms in the proper format. It's not super intuitive, but it's better than manual filing for sure.
Thanks for mentioning this! I've heard of the FIRE system but wasn't sure if it applied to 1098-F forms specifically. How long did the approval process take for you? We're working on a pretty tight timeline with our new reporting requirements.
The approval process took about 3 weeks for us, but that was during a slower period. If you're approaching year-end or tax season, it might take longer. I'd recommend submitting the Form 4419 application as soon as possible. One thing to note is that you'll need to create files in a very specific format for the FIRE system. The IRS has detailed specifications for each information return type. We ended up using a programmer to help create the proper file structure for our 1098-F submissions.
Just wanted to add that you need to be very careful about the filing requirements for 1098-F. We messed this up last year and it was a headache. Make sure your agency has a clear understanding of which settlements/orders actually require a 1098-F. Not all penalties need to be reported! Only certain ones that meet specific criteria like being related to violation of law, investigation/inquiry by government, etc.
Totally agree with this. We had to go back and review hundreds of cases to determine which ones met the reporting threshold. The IRS guidance is a bit vague. Does anyone have a good checklist or process for determining what needs to be reported on 1098-F?
One thing nobody's mentioning is that the β¬750M threshold is actually pretty high! This only affects the very largest multinational companies. Small and medium businesses (even fairly large ones by most standards) won't be directly impacted by these rules. Also worth noting that the implementation timeline keeps getting pushed back. Originally supposed to start in 2023, now many jurisdictions are talking about 2024 or even 2025 before they have local legislation in place. The US delay is particularly problematic since so many multinationals are headquartered there.
Does that β¬750M threshold apply to the global company or just operations in a specific country? Like if a company makes β¬800M worldwide but only β¬100M in France, would it still be subject to the minimum tax in France?
The β¬750M threshold applies to global consolidated revenue of the multinational group, not the revenue in each specific country. So in your example, a company with β¬800M worldwide revenue would be subject to the minimum tax rules even if they only had β¬100M in France. This is actually one of the key points of the agreement - it's designed to capture large multinationals that might have relatively small operations spread across many countries. The threshold was set to target the largest 10-15% of multinational enterprises while excluding smaller companies that would face disproportionate compliance burdens.
As someone who works with emerging markets, I think the impact on developing countries is being overlooked. Many use tax incentives to attract foreign investment because they can't compete with developed nations on infrastructure, workforce, etc. This agreement potentially removes one of their few competitive advantages. That's likely why Kenya and Nigeria haven't signed on. They see it as developed nations protecting their tax bases at the expense of developing economies' growth strategies. The revenue redistribution under Pillar One is supposed to address this, but the formulas tend to favor larger economies.
I was in almost the exact same situation last year (two W-2s from different states, unemployment, and education credits). I used FreeTaxUSA and it worked perfectly fine for me. The interface is really clear about which state you earned income in and when. For your education credits, I'd suggest going with what the first commenter said - AOTC is only for undergrad, regardless of how many years you've been in school. Even if you technically were in your "4th year" of higher education, graduate courses only qualify for the Lifetime Learning Credit. One tip: make sure you have your actual living dates for each state documented somewhere. FreeTaxUSA will ask for the exact dates of your residency in each state, and it matters for determining your tax liability.
Thanks for sharing your experience! Did FreeTaxUSA make it easy to figure out how to divide the income between states? I'm worried I'll mess that up since some of my unemployment was while I was preparing to move but technically still in Michigan.
It really does make it pretty straightforward! When you enter your W-2 information, it asks which state the income was earned in, and when you enter your 1099-G for unemployment, it asks similar questions. For the unemployment specifically, you'll need to allocate it based on where you were living when you received it. So if you received unemployment payments while still physically living in Michigan (even if you were planning to move), those payments would be considered Michigan income. FreeTaxUSA asks for your residency dates for each state and then guides you through allocating everything correctly. Just make sure you know which unemployment payments came when, so you can properly assign them to the right state.
Last year I had even more complicated taxes (3 states, 4 W-2s, unemployment, AND education credits) and while FreeTaxUSA was good enough, looking back I wish I'd just paid for a CPA. I ended up making a mistake on my state allocations that resulted in me having to file amended returns for two states, which was a huge headache and cost me more in the long run. If you can afford it, I'd recommend at least consulting with a CPA for your first time filing a multi-state return, especially with education credits involved. The software is only as good as the information you put in, and if you misunderstand a question, it can lead to filing errors. With your specific question about AOTC vs LLC, that's exactly the kind of nuance a professional would catch immediately.
Lim Wong
Check your divorce decree! Mine specifically stated how tax refunds or liabilities from joint returns would be handled even after the divorce was final. The language in that legal document will likely override general tax guidance. Also, in my state, money used to pay a marital debt (which the incorrectly assessed tax was) that comes back as a refund is typically considered marital property subject to division, regardless of whose name is on the court case. But this varies a lot by state.
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Dananyl Lear
β’Does it matter that she refused to participate in the tax court case though? Seems unfair if she gets half when she thought it was a waste of time and wouldn't help.
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Lim Wong
β’While it seems unfair, her refusal to participate in the tax court case typically wouldn't eliminate her right to part of the refund. Courts generally look at the source of the funds used to pay the original tax bill (joint savings in your case) rather than who pursued getting it back. Think of it this way - if you had a joint debt that she paid from joint funds, and later you discovered an error and got a refund, the nature of the original payment (joint funds for a joint liability) usually determines how courts view the refund. Your efforts to secure the refund might entitle you to compensation for your time and costs, but the underlying refund typically remains jointly owned if it came from a joint return paid with joint funds.
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Noah huntAce420
i went thru something similar last yr... my advice is DON'T TOUCH THAT MONEY until u talk to ur divorce lawyer!! i deposited a tax refund check and spent it, then got in huge trouble with the judge later. they made me pay my ex half PLUS a penalty. not worth it!!!
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Ana Rusula
β’What kind of penalty did they give you? Was it just interest or something more?
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