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Just a heads up - if your friend is claimed as a dependent on someone else's return, they won't be eligible for the recovery rebate credit. Make sure to check if anyone (like their parents) claimed them before filing.
Thank you for pointing that out! I should have mentioned - he's definitely not a dependent on anyone else's return. He's 38 and has been living on savings during 2020. I was helping him with paperwork stuff and realized he never got his stimulus payments. I appreciate the advice from everyone!
Glad to hear that! It's just something that trips up a lot of people. Also, make sure your friend keeps a copy of the return and proof of mailing (like a certified mail receipt). The IRS has been really backed up with paper returns, especially for past tax years, so it might take several months for them to process it.
has anyone ever tried filing one of these zero income returns online instead of mailing it in? seems like it would process faster but not sure if the free file options work for prior years?
My advice would be to get this spelled out clearly in your custody agreement. My ex and I went through this exact situation and we ended up including a specific tax arrangement in our custody agreement that we both had to follow. We agreed to alternate years for claiming our daughter, regardless of the custody split (I have her 40% of the time). Having it in a legal document solved all the arguments and confusion. The judge was totally fine with it since we both agreed. If you can work this out with your ex before finalizing the custody agreement, it'll save you years of headaches!
Can the custody agreement override the IRS rules? Like if the agreement says the non-custodial parent can claim the kids but they don't have the Form 8332, does that still work with the IRS?
The custody agreement itself doesn't override IRS rules, but it creates a legal obligation between you and your ex. For the IRS to recognize the non-custodial parent's right to claim the child, you still need Form 8332 or similar documentation. What works well is having the requirement to sign Form 8332 explicitly stated in your custody agreement. This way, if the custodial parent refuses to sign it when they're legally obligated to by the court order, you have recourse through family court. It's essentially a two-step process: the custody agreement creates the legal obligation between parents, and Form 8332 satisfies the IRS requirements.
Don't make the mistake I did! My ex and I had a verbal agreement that I'd claim our son even though he lived with her more (I paid all the support). Come tax time, she claimed him anyway and I got audited when I also claimed him. The IRS sided with her because she had him more nights and we didn't have anything in writing. Cost me over $3200 in tax benefits plus penalties.
Don't forget you need to compute your insolvency IMMEDIATELY BEFORE the cancellation of debt. I messed this up the first time. Also make sure you're including ALL assets, even retirement accounts and personal property (car, furniture, etc). And all liabilities too! The IRS has a worksheet in Publication 4681 that's actually pretty helpful for this part.
Thanks, that's helpful! Do you actually submit that insolvency worksheet with your tax return or just keep it for your records? And how detailed do you have to be with listing personal property? Like do I need to estimate the value of my couch and TV separately or just put "household goods: $X amount"?
You don't submit the worksheet with your return - it's just for your own records and in case of an audit. But definitely complete it thoroughly and keep it with your tax documents. For personal property, you don't have to be extremely detailed for each individual item. Grouping them makes sense - "household furnishings: $2,000" or "electronics: $1,500" is fine. Just make reasonable estimates of what you could actually sell these items for (garage sale or Craigslist values), not what you paid for them. And yes, definitely include vehicles, jewelry, tools, anything with value. For retirement accounts, only include what you could actually access (minus penalties) if you had to liquidate them at that time.
Does anyone know if credit card debt that was forgiven counts as cancelled debt? I had about $3,500 forgiven through a debt settlement program but never received a 1099-C. Not sure if I need to report it or fill out this form??
Yes, forgiven credit card debt generally counts as cancelled debt and the credit card company should have issued you a 1099-C if it was over $600. If you didn't receive one, they might not have filed it, or it could have been lost in the mail. You're technically supposed to report it as income even without the 1099-C, but you can still claim the insolvency exclusion on Form 982 if you qualify. I'd recommend checking with the debt settlement company to see if a 1099-C was issued. You can also create an account on the IRS website to view all forms that were filed under your SSN.
Another tip for Path filers - make sure you're looking at the right transcript! There are 4 different types and the Account Transcript is the one that shows refund info. I was confused at first because I kept checking the Return Transcript which doesn't show processing or refund dates. Also, if you see code 570 (additional account action pending) followed by 971 (notice issued), don't panic! That often means they're just verifying something and a release code (571) usually follows within a week or two.
What about code 846? I see that on mine with a date of 3/5/25 but WMR still shows processing. Does that mean I'm getting my refund on 3/5?
Code 846 is exactly what you want to see! That's the "refund issued" code, and the date next to it is when the IRS will release your refund. So yes, your refund should be sent on 3/5, though it might take 1-3 business days after that to show up in your bank account depending on your bank's processing time. The WMR tool often lags behind the transcript updates, so it's totally normal for your transcript to show a refund date while WMR is still on processing. Your transcript is the more accurate source.
Has anyone received their Path refund earlier than the date shown on their transcript? Mine shows 3/7 but I'm hoping it might come sooner!
I actually got mine a day earlier than the transcript date! Transcript said 2/28 but it hit my bank on 2/27. I think it depends on your bank though.
Hazel Garcia
Just to add some helpful info - partnerships with no income still need to file Form 1065. A common misconception is that if you didn't make money, you don't need to file, but that's not true. Even with just expenses and losses, you still have to file the partnership return. Also, make sure you have an EIN before filing. If you don't have one yet, apply for one on the IRS website ASAP. You'll need it for your 1065. And remember - partnerships don't pay taxes themselves, but they do need to file information returns so the IRS knows how much income or loss to attribute to each partner. Each partner will report their share on their personal tax returns via the K-1 you provide them.
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Laila Fury
β’If I'm both partners in an LLC (single-member LLC), do I still need to file a 1065? I thought in that case it just goes on my Schedule C?
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Hazel Garcia
β’You're mixing up two different business types. A single-member LLC is treated as a disregarded entity by default and would file Schedule C with your personal return, not Form 1065. A partnership requires at least two partners. If you're the only owner, you don't have a partnership by definition. Single-member LLCs report on Schedule C unless they've elected to be taxed as a corporation. Multi-member LLCs are treated as partnerships by default and file Form 1065 along with Schedule K-1s for each partner.
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Geoff Richards
One thing nobody mentioned - if you end up owing a lot in taxes next year when you file your personal returns, you might get hit with an underpayment penalty. Since partnerships pass through income/losses to the partners, you're supposed to make quarterly estimated tax payments throughout the year on your expected income. Obviously if you're only showing losses right now, that's not an issue for 2024. But if you start making money in 2025, keep in mind you should be making quarterly payments (April, June, September, January). I learned this the hard way and got slapped with penalties my first year in business.
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Simon White
β’Is there a minimum amount you need to make before you have to do the quarterly payments? My side business only makes like $3k a year.
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Geoff Richards
β’Generally, you need to make quarterly estimated tax payments if you expect to owe at least $1,000 in taxes for the year. However, you can avoid penalties if you pay at least 90% of the tax for the current year or 100% of the tax shown on your previous year's return (whichever is smaller). For a small side business making around $3k, it might not trigger the requirement depending on your tax situation, but it's always good to calculate your expected tax liability to be sure. Self-employment tax (15.3%) kicks in when you have $400 or more in net earnings, so even small businesses can sometimes create tax obligations.
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