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Have you considered just filing Form 1065 (Partnership Return) manually? If your tax software can't handle the specific ownership percentages, sometimes going old school is the easiest solution. Your LLC with multiple members is treated as a partnership by default for tax purposes anyway. You'll need to prepare Schedule K-1s for each member showing their specific ownership percentage, distributive share of income, deductions, etc. It's not as complicated as it sounds for a simple LLC with just two members.

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StarGazer101

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Honestly I hadn't considered doing it manually since I'm pretty intimidated by all the tax forms. Is Form 1065 something a regular person can figure out without an accounting background? And how would I calculate all the specific numbers for the K-1s?

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Form 1065 is definitely doable without an accounting background, especially for a small, straightforward LLC with just two members. The IRS provides detailed instructions, and there are plenty of free guides online. For the K-1s, you basically take each income and expense item and allocate them according to your ownership percentages. So if your LLC had $10,000 in profits, your wife's K-1 would show $5,100 (51%) and yours would show $4,900 (49%). Same with deductions and credits. The actual form walks you through each line item. The trickiest part is usually just gathering all your business income and expense information, which you'd need to do for any tax preparation method anyway.

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Quick question - are you guys actually operating as an LLC taxed as a partnership? Or did you elect to be taxed as an S-Corp? That makes a huge difference in how you file and which forms you need.

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StarGazer101

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We're just a regular LLC with no special tax elections. When we formed it, we didn't do anything special with the IRS, so I think we're taxed as a partnership by default? Now I'm worried we messed that up too...

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You're good then! You're right that a multi-member LLC is taxed as a partnership by default if you didn't make any special elections. You'll need to file Form 1065 and prepare K-1s for both of you showing the 51/49 split. One more thing to consider - if this is your first year filing, make sure you've obtained an EIN (Employer Identification Number) from the IRS. You'll need this for your partnership return. If you haven't done this yet, you can get one instantly online through the IRS website.

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Yuki Sato

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Just want to add that you should DEFINITELY declare that Venmo income. The IRS is cracking down on payment app reporting. Venmo and other payment services are now required to report business transactions to the IRS if you receive more than $600 in a year. That $9,500 is way over the threshold. Not declaring that income could lead to significant penalties down the road. Plus, you're missing out on legitimate deductions! Your equipment, a portion of your utilities, internet if you use it for scheduling, any training materials - all that can offset the income.

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Carmen Ruiz

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But how does Venmo know which payments are business vs. just friends paying me back for stuff? I use the same account for both.

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Yuki Sato

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Great question. Venmo has been rolling out features to distinguish between personal and business transactions. They now have specific "business" profiles/settings, and the way payments are categorized matters. If people are paying you for goods and services (which they can select when sending money), those will be reported. If it's marked as payments between friends, it's treated differently. However, the IRS doesn't care how Venmo categorizes it - if it's income from services you provide, it's supposed to be reported regardless of how it was processed. The smart approach is to set up a separate Venmo account just for your business transactions to keep everything clean and organized.

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Has anyone actually calculated if it's worth it? Like, what's the actual math on claiming $9,500 in income vs the deductions you'd get for the 400 sq ft space? I'm curious about the real numbers here.

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I did this calculation for my home art studio which is about 350 sq ft. My income was around $11k last year. After deducting my legitimate business expenses (portion of mortgage interest, utilities, supplies, etc.), my taxable business income dropped to about $6,200. That saved me roughly $1,700 in taxes. The key is keeping good records of ALL your expenses. Things people often forget: portion of internet if you use it for business communication, cell phone percentage used for business, mileage driving to get supplies, software subscriptions, insurance, etc. It was definitely worth it for me.

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Just to add some practical advice - I've helped several workers apply for ITINs in the past. One thing that makes a huge difference is preparing a detailed letter from the employer that: 1) Confirms the employment relationship 2) Specifies the amount paid during the tax year 3) Explains why formal documentation wasn't previously provided 4) States the intention to properly report all future payments This letter, attached to the tax return and W-7 application, helps establish the legitimacy of the income being reported. It's not technically required, but I've found it speeds up processing and reduces questions from the IRS.

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Dylan Cooper

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How does the letter need to be formatted? Does it need to be notarized or anything?

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The letter doesn't need to be notarized, but it should be on company letterhead if possible and signed by the owner or appropriate manager. Keep the format professional but straightforward - date, proper greeting, clear explanation of the facts, and formal closing with signature. Make sure it includes specific information like the worker's full legal name, approximate dates of employment, total compensation paid, and the reason for requesting the ITIN. I also recommend including the employer's EIN and contact information for verification purposes. While not strictly required, this level of detail helps demonstrate the legitimacy of the request and can smooth the process considerably.

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Has anyone actually gone through this recently? I'm wondering what the current processing time is for ITIN applications. The IRS website says 7 weeks but I'm skeptical given all their backlogs.

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I helped three employees apply for ITINs in January 2024. It took exactly 9 weeks for two of them, and the third one took 11 weeks. So definitely longer than the official estimate. This was with complete applications submitted through an Acceptance Agent.

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One tip I haven't seen mentioned - if you're filing for the first time, make sure you check whether someone else can claim you as a dependent (like your parents). This makes a HUGE difference in how you file and what credits you can claim. Made this mistake my first time and had to file an amended return which was a total nightmare!!!

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Omg I didn't even think of that - my parents have always claimed me as a dependent but I moved out last May and have been supporting myself since then. How do I know if they can still claim me or not for 2024 taxes?

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There are specific tests the IRS uses to determine if someone can be claimed as a dependent. The main ones are the support test (did you provide more than half of your own financial support for the year?) and the residency test (did you live with your parents for more than half the year?). Since you moved out in May, you lived with them for less than half of 2024, but the support test is the bigger factor. You need to calculate all your living expenses (rent, food, utilities, medical, education, etc.) for the entire year and determine if you provided more than 50% of that total yourself. If you did, your parents can't claim you. If they provided more than 50% (including while you lived with them), they can still claim you even though you moved out.

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Javier Cruz

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just a heads up since ur in texas - we don't have state income tax here so u only need to worry about federal. saved me some confusion my first time!

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Emma Wilson

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This is correct but keep in mind you might still need to file a state return if you earned any money in another state during the year (like if you had a summer job somewhere else). The tax software will ask you questions to determine this.

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Have you considered timing the debt cancellation with a year where you have other deductible expenses? For example, if you have significant medical expenses coming up, having those in the same tax year as the debt cancellation could help offset some of the tax impact. Also, talk to the lender about potentially structuring the debt forgiveness. Sometimes they can work with you on timing or amounts.

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Lenders often have some flexibility with the timing, especially if you're proactive in discussing it with them. While they have reporting requirements, they sometimes can work with you on structuring the forgiveness. For example, some lenders might be willing to split a large debt cancellation across two tax years (December/January) if you explain your tax situation. It really depends on the lender and your relationship with them, but it's definitely worth having that conversation well before the planned cancellation.

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PixelPioneer

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That's a really helpful suggestion about timing it with medical expenses. I do have some procedures I've been putting off that would probably hit the threshold for medical deductions. Do you know if lenders are usually open to negotiating the timing of debt cancellation? I wasn't sure if I had any control over when they issue the 1099-C.

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Dont forget to check ur state tax too!! Some states dont tax cancelled debt the same way the federal govt does. I had a debt cancellation last year and my state (TX) didn't tax it at all, which saved me a bunch.

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Good point! Also, some states follow federal insolvency rules and some have their own. I live in California and they have slightly different rules for cancelled debt than the IRS does.

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