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Ask the community...

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Malik Johnson

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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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Malik Johnson

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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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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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Dylan Cooper

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Remember that even if there's no income showing on transcripts, your client might still have had filing requirements. I had a client who was self-employed making just enough to require filing (Schedule C with net earnings over $400 triggers SE tax filing requirements), but not enough to receive 1099s or trigger third-party reporting. For reconstructing income, I've had good luck with clients keeping things like appointment books, calendars, or customer lists even when they don't have financial records. Sometimes these can help establish activity levels that can be used to estimate income.

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Sofia Morales

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Don't bank statements expire after 7 years? How would someone even get statements from 10 years ago to reconstruct income?

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Dylan Cooper

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Most banks only provide online access to 7 years of statements, but they often retain records for longer periods. Your client can request older statements directly from their bank - there's usually a fee, but many banks can produce statements from 10+ years ago if needed. This can be extremely valuable for income reconstruction. If bank statements truly aren't available, there are alternative approaches: industry standard rates applied to known work activity, client's recollection of approximate customer counts and average charges, third-party records (like appointment books or contracts), and even client's lifestyle expenses during those periods can establish baseline income needed to maintain that lifestyle.

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StarSailor

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Has anyone had success with requesting First Time Abatement (FTA) for penalties on multiple years of unfiled returns? I'm wondering if it only applies to the earliest year or if it can be used across multiple tax years.

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Dmitry Ivanov

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FTA typically only applies to one tax year - usually the earliest one with penalties. However, I've had success requesting reasonable cause abatements for the additional years by documenting why the client failed to file (medical issues, natural disasters, bad advice from previous accountants, etc). Worth trying for all years, but expect FTA to only work for one.

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Zainab Ismail

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I think the Forbes article might have been technically correct but just explained it poorly. The 15.3% is Social Security (12.4%) + Medicare (2.9%). The Social Security part only applies up to the wage base (which changes yearly). The Medicare 2.9% applies to all SE income. The ADDITIONAL 0.9% Medicare tax (which brings it to 3.8% total) kicks in at higher income levels ($200k/$250k). The article maybe just didn't mention this additional tax? Either way, I agree that tax info is confusing. I always double check the IRS website and cross-reference with Publication 15 and Publication 334.

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But that's still wrong - the total isn't 3.8%. The Additional Medicare Tax is 0.9%, which when added to the 2.9% regular Medicare tax equals 3.8%. Is that what you meant?

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Zainab Ismail

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Yes, that's exactly what I meant. The base Medicare tax is 2.9% on all SE income. Then the Additional Medicare Tax of 0.9% kicks in at those higher income thresholds, bringing the total Medicare portion to 3.8% (2.9% + 0.9%). I should have been clearer in my wording. Thanks for pointing that out. This conversation perfectly illustrates how even small differences in how tax concepts are explained can lead to confusion!

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Has anyone else noticed that the wage base for Social Security taxes increases every year? In 2023 it was $160,200, up from $147,000 in 2022. For 2025 it's expected to be around $168,600. This is why old articles can be misleading - tax numbers change annually but articles rarely get updated!

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Yara Nassar

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The wage base is tied to the National Average Wage Index so it automatically increases with inflation. It's gone up dramatically in recent years because wages have been rising so quickly. You can always find the current wage base on SSA.gov rather than relying on articles that might be using outdated numbers.

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Thanks for explaining that! I didn't realize it was tied to wage inflation. Makes sense why it's been jumping up so much these past few years. I'll bookmark the SSA site for future reference.

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Just a reminder that PPP has specific requirements for forgiveness. Make sure you're documenting how you use the funds! For sole props with no employees, it's actually pretty straightforward: You can claim up to 8 weeks of your average weekly net profit from Schedule C as "owner compensation replacement" (this would be your entire loan amount if you have no other eligible expenses). Keep records showing you transferred the PPP funds to a personal account as "owner compensation" over an 8-24 week period. The remainder can be used for business rent, utilities, etc. but keep ALL receipts and documentation. Some lenders are really scrutinizing sole prop forgiveness applications.

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Drake

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Do you happen to know if health insurance premiums for yourself (the sole prop) count as eligible expenses for the remaining 40%? I've been getting conflicting information.

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For sole proprietors with no employees, health insurance premiums for yourself do NOT count as an additional eligible expense for the 40% portion. This is because health insurance for the owner is already factored into your net profit calculation on Schedule C. The eligible expenses for the 40% portion are limited to business mortgage interest, rent or lease payments, and utilities that were in place before February 15, 2020. The rules are a bit different for businesses with employees, which is probably why you've been seeing conflicting information. Always best to check with your specific lender since they'll be the ones processing your forgiveness application.

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Sarah Jones

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Has anyone actually received PPP as a sole proprietor without employees and also having a W2 job? I'm in the exact same boat (full-time job + side business as sole prop) and my bank (Chase) keeps giving me the runaround saying I don't qualify. They're saying because I have W2 income, my side business hasn't been "substantially affected" enough to qualify.

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I got PPP for my sole prop photography business while having a full-time W2 job. Your bank is wrong - there's nothing in the PPP rules that disqualifies you for having W2 income. Try applying through a smaller bank or credit union, or one of the fintech lenders like BlueVine or Kabbage. I applied through BlueVine after BofA gave me similar pushback and was approved in 3 days.

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