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This is a really complex situation that I think requires extra caution. While everyone's given great advice about the nominee income approach, I'd strongly recommend getting this documented BEFORE you file your return. The IRS has been cracking down on sports betting income reporting, and having everything properly documented upfront could save you major headaches later. A few additional points to consider: Make sure your friend actually reports the income on their return - if they don't, and the IRS matches your 1099 showing you reported it as nominee income, that could trigger questions for both of you. Also, keep detailed records of the deposit/withdrawal patterns showing the money flow went directly between your friend and the betting site, not through your personal accounts. One more thing - consider whether this arrangement is worth the ongoing tax complexity. Most legitimate sports betting sites have pretty straightforward account creation processes now, so it might be easier for your friend to just set up their own account going forward.

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Omar Hassan

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This is really solid advice, especially about getting everything documented before filing. I'm curious though - what specific documentation would be most convincing to the IRS if they do audit this situation? Just bank statements showing the money flow, or would you need something more formal like a notarized agreement between the two parties? Also, is there a specific way the friend should note on their return that they're reporting income from someone else's 1099?

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For documentation that would hold up in an audit, I'd recommend a comprehensive package: 1) A signed written agreement between you and your friend detailing the arrangement, including dates and amounts. While notarization isn't required, it does add credibility. 2) Bank statements from both parties showing the deposit/withdrawal patterns - this is crucial evidence that the money never touched your personal accounts. 3) Screenshots or records from the betting platform showing the transaction history tied to your account but funded by your friend's bank. Regarding how your friend should report it - they should include the gambling income on their Schedule 1 and attach a statement explaining "Gambling winnings reported on third party's 1099-MISC under [your name] and SSN." This creates a clear paper trail connecting both returns. The IRS computer systems can then match up that both parties acknowledged the arrangement rather than it appearing like you're trying to dodge income that should be yours.

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I just want to emphasize something that might get overlooked in all the technical tax advice - make absolutely sure you and your friend are on the same page about reporting this correctly. I've seen situations where one person files using the nominee income approach, but then the actual recipient doesn't report it on their return (either by mistake or thinking they don't need to since someone else already "claimed" it). This creates a huge red flag for the IRS because they'll see gambling winnings reported under your SSN with an offsetting deduction, but no corresponding income reported by your friend. That's almost guaranteed to trigger correspondence or an audit for both of you. I'd suggest you both file at the same time if possible, or at least coordinate so you know your friend has actually included the $9,200 as gambling income on their return before you submit yours. Also keep copies of both returns for your records - if questions come up later, being able to show that both parties properly reported their respective sides of the transaction will go a long way toward resolving any IRS inquiries quickly.

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This coordination aspect is so important and something I hadn't really thought about! Is there any way to verify that your friend actually filed their return correctly before you submit yours? Like could you ask them to show you their completed return, or would that be overstepping boundaries? I'm in a similar situation and really want to make sure we both handle this properly to avoid any IRS issues down the road.

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Great to see this resolved! For future reference, you can also contact your brokerage directly if you can't find the tax documents online - they're required to provide you with the dividend information even if they don't send a formal 1099-DIV for amounts under $10. Most brokerages have a dedicated tax support line during filing season that can quickly provide you with the details you need. This can be especially helpful if you have multiple small dividend payments from different stocks and want to make sure you're capturing everything accurately.

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That's a really good point about contacting the brokerage directly! I had no idea they were still required to provide the dividend information even for small amounts. This whole thread has been super educational - I'm bookmarking it for when I inevitably run into similar situations with my own small investments. It's reassuring to see how supportive this community is for people just starting out with investment taxes.

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As someone who works in tax preparation, I just wanted to emphasize a few key points from this discussion for anyone else in a similar situation: 1. **Always report ALL dividend income** - regardless of amount or whether you received a 1099-DIV 2. **Check your brokerage account online** - most have tax documents available even for small amounts 3. **Qualified vs. ordinary dividends matter** - qualified dividends get better tax treatment, so it's worth checking 4. **Keep good records** - save screenshots or downloads of your brokerage tax summaries for your files The IRS has sophisticated matching systems that can catch unreported income even for small amounts. While $14 won't break the bank in taxes owed, getting into good compliance habits early will serve you well as your investment portfolio grows. Plus, it's honestly not that difficult once you know the process - probably took you longer to write this post than it would to actually report the dividends!

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Jacinda Yu

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This is such valuable advice, especially the point about developing good habits early! I'm completely new to investing and taxes, and this whole thread has been incredibly helpful. One thing I'm curious about - you mentioned the IRS has sophisticated matching systems. Does that mean they automatically cross-reference what brokerages report to them with what we put on our tax returns? And if so, how long does it typically take for them to catch discrepancies like the situation CosmicCadet described?

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How to Fix an EIN Application with Wrong Entity Classification - LLC vs Corporation Issue

I started my small business with my friend back in November 2023 and we're in a bit of a mess now. When applying for our EIN, my business partner accidentally checked "corporation" instead of "LLC with partnership taxation" on the application. We didn't realize the mistake until we were preparing for our first tax filing. We've been trying to fix this for months now. I mailed a detailed letter to the IRS explaining the error about 7 months ago but haven't heard a peep back from them. Our accounting guy seems confused too, and we're getting nowhere fast. So far, we've spoken with three different IRS representatives and gotten three completely different answers: - First person said to send a general letter (already did that, no response) - Second one told us to submit Form 8832 - Third suggested we just apply for a completely new EIN (seems like a terrible idea) I'm pretty sure I'm still within the timeframe to request late relief for entity classification, but the guidelines aren't super clear. Can I just file Form 8832 now and request retroactive classification to when we first formed? Would I need to attach any supporting documentation like our LLC formation papers from the state? Has anyone here successfully navigated this entity classification correction process? Any insights would save my sanity right now. The last thing I want is to file incorrectly and get hit with penalties or have to dissolve and start over with a new EIN.

Ashley Simian

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I'm going through this exact same nightmare right now! My business partner and I made the identical mistake when applying for our EIN - checked "corporation" instead of "LLC with partnership taxation." We've been spinning our wheels for months trying to get this fixed. Reading through everyone's experiences here has been incredibly reassuring. It sounds like Form 8832 is definitely the way to go, and I'm relieved to learn that 7 months is well within the timeframe for retroactive relief under Rev. Proc. 2009-41. I especially appreciate the detailed breakdown of supporting documents to include - our operating agreement explicitly states partnership taxation from day one, so that should help strengthen our case. The certified mail tip is also something I hadn't thought of but makes total sense for creating a paper trail. One question for those who've been through this process: did any of you have to deal with your bank or other financial institutions during the classification correction? I'm wondering if having the wrong entity type on file with our business bank account could cause any complications while we're waiting for the Form 8832 to be processed. Thanks to everyone for sharing their experiences - it's giving me confidence that we can actually get this resolved without having to start over with a new EIN like that third IRS rep suggested!

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I didn't run into any issues with my bank during the classification correction process. Most banks don't really care about the federal tax classification - they're more concerned with your state entity type (LLC vs. corporation) which isn't changing in your case. Your EIN stays the same throughout this process, so from the bank's perspective, you're still the same business entity. The tax classification change is purely between you and the IRS for federal tax purposes. That said, you might want to give your banker a heads up if you have a relationship manager, just so they're aware in case any questions come up. But I wouldn't expect any complications on the banking side while your Form 8832 is being processed. The key thing is that your state LLC registration remains unchanged - you're just correcting how the federal government classifies you for tax purposes. Banks typically go by your state entity documents rather than federal tax elections anyway.

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Paolo Romano

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I'm dealing with this exact same issue right now! My partner and I accidentally selected "corporation" instead of "partnership" when we applied for our EIN last year, and we only discovered the mistake when our accountant started preparing our first tax return. After reading through all these detailed responses, I feel much more confident about the path forward. The Form 8832 approach with retroactive relief under Rev. Proc. 2009-41 seems to be the consistent recommendation from everyone who's successfully navigated this process. What really stands out to me is how many people got conflicting advice from different IRS representatives - it's frustrating but apparently very common. The detailed breakdown of supporting documents to include (state LLC formation docs, operating agreement, CP 575 notice, reasonable cause statement) is incredibly helpful. I'm particularly grateful for the tips about certified mail and the realistic timeline expectations (6-8 weeks for processing). After months of uncertainty, it's reassuring to know there's a clear, proven path to get this corrected without having to start over with a new EIN. For anyone else in this situation - don't give up! It seems like this mistake is more common than we think, and the IRS has established procedures to fix it. The key is being thorough with your Form 8832 submission and including all the necessary supporting documentation upfront.

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Carmen Ruiz

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This has been an absolutely fantastic discussion to read through! As someone who just joined this community and is new to HSA regulations, I'm amazed by the depth of real-world experience shared here. What I find most valuable is how this thread demonstrates the importance of community knowledge in navigating complex tax situations. The official IRS guidance on HSA eligibility can be pretty vague, but hearing from people who've actually been through audits, worked with tax professionals, and successfully structured their concierge agreements provides the practical clarity we all need. A few key takeaways I'm noting for future reference: 1. **Contract language is critical** - The difference between "membership fee" and "prepayment for medical services" could determine HSA eligibility 2. **Documentation matters** - Keep detailed records of services actually received, not just what's available 3. **Provider credentials count** - Licensed MDs/DOs are safer than alternative practitioners for HSA purposes 4. **Professional guidance helps** - Whether through tax preparers, specialized tools, or IRS consultation services For anyone else new to this topic, this thread is a perfect example of why community forums like this are so valuable. You get practical, tested advice that goes way beyond what you'll find in official publications. Thanks to everyone who shared their experiences - this kind of knowledge sharing makes navigating government services so much more manageable!

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I completely agree with your summary of this discussion! As another newcomer to both this community and HSA rules, I'm blown away by how much practical knowledge has been shared here. What really resonates with me is your point about community knowledge filling the gaps where official guidance falls short. I've been trying to research HSA eligibility rules for months and kept finding conflicting information online. But this single thread has provided more actionable guidance than everything else I've read combined. I'm particularly impressed by how people shared not just their opinions, but actual experiences - from @Genevieve Cavalier s'audit story to the tax professionals explaining what documentation actually works in practice. That s'the kind of real-world validation you just can t'get from reading IRS publications. Your four key takeaways are spot on and I m'definitely saving this thread as a reference. The emphasis on getting the contract language right from the beginning seems especially important - much easier to structure things correctly upfront than to try to fix documentation issues later. Thanks for such a thoughtful summary, and thanks to everyone who contributed their experiences. This is exactly the kind of helpful community discussion that makes navigating complex government regulations feel manageable!

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Mae Bennett

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As someone who's been researching this exact question for weeks, this thread has been incredibly enlightening! I'm new to this community but have been struggling with the same HSA eligibility concerns about my concierge medicine fees. What really stands out to me is how much the actual contract language matters. I had no idea that the difference between calling it a "membership fee" versus "prepayment for medical services" could be so significant for HSA purposes. I'm particularly grateful for @Genevieve Cavalier sharing the real audit experience - that's exactly the kind of validation we need to understand how the IRS actually interprets these rules in practice. And the professional insights from tax preparers like @Paolo Longo about specific documentation requirements are invaluable. Based on everything shared here, I'm going to approach my concierge practice about revising our agreement to explicitly itemize the medical services covered by my monthly fee. It sounds like many practices are familiar with this issue and have HSA-friendly contract versions available. This discussion has provided more practical guidance than months of trying to decipher IRS publications on my own. Thank you to everyone who shared their real-world experiences - this is exactly why community forums are so valuable for navigating complex government regulations!

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Great thread! Just to add one more resource - if you're still feeling uncertain about the filing requirements after using tax software, the IRS has a really helpful Interactive Tax Assistant tool on their website (irs.gov/help/ita). You can walk through a series of questions about your daughter's specific situation and it will give you a definitive answer about whether filing is required. I used it last year when my nephew had a similar situation with both W-2 income and investment sales. The tool is free, official, and takes into account all the different thresholds and rules that apply to dependents. It's particularly useful because it considers the interaction between earned income, unearned income, and gross proceeds from sales. Since you mentioned this is her first year investing, you might also want to keep good records of all her transactions beyond just what's on the 1099-B. If she continues investing, having detailed records of purchase dates, amounts, and any reinvested dividends will be invaluable for future tax years. Good luck with the filing!

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Isaac Wright

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Thanks for mentioning the Interactive Tax Assistant! I had no idea the IRS had that tool. As someone new to dealing with kids and taxes, it's reassuring to know there are official resources that can walk you through these situations step by step. The point about keeping detailed records is really smart too. I've been helping my teenage cousin with his first investment account, and we've just been relying on the brokerage statements. But you're right that having our own records of everything - especially for things like dividend reinvestments that might not show up clearly on tax forms - will probably save us headaches down the road. It's amazing how complicated taxes can get even for what seems like simple situations. Better to over-document than under-document when it comes to the IRS!

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Eve Freeman

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This is such a valuable discussion! I'm dealing with a similar situation with my 16-year-old who started investing with birthday money. One thing I learned the hard way is that even though the gross proceeds threshold triggers the filing requirement, you also need to be careful about how the cost basis is reported on the 1099-B. Some brokerages don't track cost basis for stocks purchased before certain dates, or they might not have complete information if the stocks were transferred from another account. If the cost basis shows as "not reported to IRS" or is blank on the 1099-B, you'll need to provide that information on the tax return yourself. I'd recommend double-checking that the $2,800 cost basis on your daughter's 1099-B matches your records of what was actually paid for the stocks. If there are any discrepancies, you'll want to have documentation ready to support the correct cost basis when filing. The IRS will definitely notice if the reported gain doesn't match what they expect based on the 1099-B information they receive.

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This is such an important point that I wish I had known earlier! I'm new to all this and just assumed the brokerage would handle all the cost basis reporting correctly. My daughter's 1099-B actually does show "basis not reported to IRS" for some of her transactions, and I had no idea that meant we needed to provide that information ourselves. Do you happen to know what kind of documentation the IRS typically wants for cost basis? We kept the original purchase confirmations from the brokerage, but I'm wondering if there's a specific way we need to present that information on the tax return. I'd rather be overprepared than scrambling later if they have questions. Also, this whole thread has been incredibly educational - I had no idea there were so many nuances to something that seemed straightforward at first. Thank you to everyone who's shared their experiences!

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