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I'm a bit confused about everyone saying the OP has rights here. If you sold your ownership and are completely out of the business, isn't it the current owner's problem now? When I sold my share of a business, I was just given a final K-1 and that was that.
The key difference is that OP was a 50% owner for the ENTIRE year in question. It's not about current ownership - it's about who had ownership during the tax period being filed. The business operations during that year were under both partners, so both should have input on how those operations are reported to the IRS.
Don't forget that you can always file Form 8082 (Notice of Inconsistent Treatment) if you disagree with how the partnership return was filed. This lets you take a position on your personal return that's different from what's reported on your K-1. It's not ideal, but it's a fallback option if your ex-partner refuses to cooperate.
Wouldn't filing an 8082 potentially trigger an audit though? I've always heard this form raises red flags with the IRS.
Filing Form 8082 doesn't automatically trigger an audit, but it does increase the chances of your return getting a closer look. However, that increased scrutiny is often limited to the specific items you've reported inconsistently, not your entire return. The important thing is to have solid documentation supporting your position. If you're right on the merits and can back up your treatment with records and tax law, an audit shouldn't be a major concern. Many tax professionals consider it better to file an 8082 than to report income or deductions incorrectly just to match an improper K-1. The penalty for failing to file an 8082 when required can be substantial ($50 per inconsistency), plus any additional penalties if the inconsistency results in understating your tax.
Don't forget about state taxes! Everyone's talking about federal returns, but if your partner lives in a state with income tax, they'll need to file those past returns too. Some states have separate amnesty programs or different penalties than the IRS.
That's such a good point I completely overlooked! We're in California, so definitely have state taxes to deal with too. Would the process be similar for catching up on state returns?
The process for California is similar but has some key differences. You'll need to file the past state returns separately using California's specific forms for each tax year. California's Franchise Tax Board (FTB) has their own document retrieval system, penalties, and payment plans that are separate from the IRS. What's actually helpful is that California has an online system that's sometimes easier to navigate than the federal one. You can register for a MyFTB account to access wage information and other tax documents the state has on file. Their payment plans tend to be shorter than IRS plans though, usually 12-36 months instead of up to 72.
has anyone used one of those tax relief companies that advertise on radio? they claim they can settle with irs for pennies on the dollar. my brother owes like $40k and is thinking of using one
I'd be very cautious about those tax relief companies. What they're referring to is called an "Offer in Compromise" which is a legitimate IRS program, but most people don't qualify for it. These companies often charge thousands of dollars upfront with no guarantee of results. The IRS only accepts offers when they believe the amount offered is the most they can expect to collect within a reasonable time period. Your brother would need to prove significant financial hardship. Many of these companies take large fees and submit applications that get rejected anyway.
Question about mining - if I mined some crypto instead of buying it, how does that get taxed? Is it different from just buying and selling?
Mining is actually taxed completely differently! When you mine cryptocurrency, the IRS considers the fair market value of the coins you receive as ordinary income on the day you receive them. You have to pay taxes on that value immediately, even if you don't sell the crypto. Then, if you later sell those mined coins, you'll also have a capital gain/loss based on the difference between the value when you mined them (already taxed as income) and what you sold them for. So mining essentially creates a two-step tax situation: income tax when mined + capital gains tax when sold. This is why many miners set aside around 30-40% for taxes.
if you use one of those crypto debit cards where you spend your crypto directly does that still count as selling? asking for a friend lol
Yes! Using a crypto debit card is considered selling your crypto and then using the proceeds to buy something. Each purchase creates a taxable event. The IRS sees it as if you sold your crypto for USD first, then made the purchase.
Just wanted to add that my husband and I were in almost the exact same boat last year! We ended up filing jointly and saved about $1,300 compared to filing separately. One thing to consider - if either of you has any past tax debts or is behind on child support payments, filing separately might protect the other spouse from having their refund offset. Otherwise, joint is usually the way to go!
Thanks for sharing your experience! Neither of us has any tax debts or child support, so it sounds like joint is probably the way to go for us. Did you use any particular tax software that was helpful for comparing the two options?
We used H&R Block's online software which made it pretty easy to compare. We entered all our info for a joint return first, noted the refund amount, then created a new return and selected married filing separately to see the difference. TaxAct also has a good comparison feature that's a bit more straightforward - it can show you both scenarios side by side after you enter all your information once.
has anyone actually looked at the tax bracket cutoffs? sometimes if both spouses make similar incomes filing separately can be better because it keeps both of you in a lower bracket. my wife and i saved like $700 last year filing separately.
That's actually a common misconception. The married filing separately brackets aren't the same as single brackets - they're exactly half of the married filing jointly brackets. So there's usually no tax bracket advantage to filing separately if both spouses have similar incomes. The only exception is if one spouse has significant itemized deductions that would be limited by the other spouse's income. But with the higher standard deduction now, that's rare for most people.
Pedro Sawyer
Has anyone noticed they're getting interest paid on their super late refunds? I filed my 2020 return in early 2023 and got like an extra $200 in interest when my refund finally came through. The interest isn't taxable until the following year too, which is nice.
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Mae Bennett
ā¢Wait really? I didn't know the IRS pays interest! Do they just add it automatically or do you have to request it somehow? I'm still waiting on my 2021 refund too.
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Pedro Sawyer
ā¢They add it automatically! You don't have to do anything to request it. The interest starts accumulating from the original filing deadline for that tax year (so for 2021 returns, interest started accumulating from April 18, 2022). They'll keep adding interest until the day they issue your refund. Just be aware that the interest payment IS taxable income, but you'll report it on next year's return. They'll send you a Form 1099-INT in January 2026 for any interest paid during 2025. The current interest rate is pretty decent too - around 7% annually.
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Beatrice Marshall
Quick tip - if your return shows "still processing" that's actually better than "being processed." "Still processing" means your return is in the pipeline and moving along. "Being processed" can sometimes indicate it's been flagged for manual review. Also check your tax transcript online if you can access it - sometimes there are codes there that give more info than the refund tool.
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Rosie Harper
ā¢Thanks for this! I just created an account on the IRS website to check my transcript, but it says I need to wait for a verification code in the mail. Is that normal?
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Melina Haruko
ā¢Actually it's the opposite. "Being processed" is the normal status, while "still being processed" often indicates some sort of review or delay. The transcript is definitely the way to go for more info though!
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