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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.
Watch out for the "married filing separately" option if either of you has income-based student loan payments! My husband and I tried filing separately last year because we thought it would save on taxes with our different state situations, but it completely messed up my income-based repayment calculation and actually cost us more in the long run.
This is so true! I made this mistake and my student loan payment jumped from $380 to over $900 per month because filing separately changed my income calculation. Filing jointly ended up being cheaper overall even though we paid slightly more in taxes.
For the FBAR question - yes, you absolutely need to file if the aggregate value of all foreign accounts exceeded $10k at any point. This is one area where the IRS does NOT mess around. Penalties for non-filing can be insane even if you owe no tax on those accounts. The good news is filing the FBAR is relatively simple and doesn't usually impact your tax liability. It's just an information form. But don't skip it - the penalties start at $10,000 for non-willful violations.
Carmen Flores
Just throwing this out there - has anyone checked if they entered a different filing status between 2021 and 2022? I got the same IND-031-04 error because I filed as Single in 2021 but Head of Household in 2022, and somehow that was causing conflicts with the way I entered my prior year AGI. My tax preparer had to call the IRS to sort it out.
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Andre Dubois
ā¢I'm having this exact issue! Filed as Married Filing Jointly last year but now I'm divorced and filing as Single. Getting rejected with IND-031-04. Did changing the filing status alone fix your problem or was there something specific your preparer had to do?
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Carmen Flores
ā¢The filing status change itself wasn't actually the problem - it was how the AGI was being validated. When your filing status changes, you still need to use the exact AGI from your previous return, but the system sometimes gets confused about how to match your identity with the different status. My preparer had the IRS verify my identity using additional information beyond just the AGI - they confirmed my date of birth, address, and the last 8 digits of my previous year's return. After they manually verified me in their system, I was able to e-file without issues. The rep also mentioned that entering $0 as the prior year AGI sometimes works as a bypass when there are filing status changes, but that wasn't successful in my case.
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CyberSamurai
Has anyone tried using the IRS online account system to verify their exact AGI instead of relying on tax documents? I had this same issue and discovered the AGI shown in my online IRS account was actually $34 different from what my tax software showed for my 2021 return due to some adjustment the IRS made after processing. Once I used the exact AGI from the IRS account, my return was accepted immediately.
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Zoe Alexopoulos
ā¢This is actually really smart. I didn't even think to check my IRS online account. Where exactly in the account can you find your official AGI? I'm logging in now but there's so many different sections.
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CyberSamurai
ā¢Look for the "Tax Records" section after you log in. Then select "Transcripts" and request a "Return Transcript" for 2021. The AGI will be clearly labeled on that transcript. If you don't see it right away, search for "Adjusted Gross Income" on the page or look for line 11 from Form 1040. Sometimes the IRS makes small adjustments to returns after processing them, which can create differences between what your tax software shows and what the IRS has on record. These adjustments might be for math corrections, misapplied payments, or other technical reasons. The transcript shows exactly what's in their system, which is what the validation is checking against.
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