I'm a tax attorney who's dealt with this exact issue many times, and I want to emphasize what others have said: in Arizona, you absolutely should have your husband sign Form 2553 even though he's not listed on your SMLLC paperwork. Here's the key point everyone should understand: Arizona follows community property law, which means that income and assets acquired during marriage are presumptively community property regardless of whose name is on the title. The IRS recognizes this and treats both spouses as having an interest in the business for federal tax purposes. Your operating agreement language stating it's separate property helps, but it's not determinative for IRS purposes. The IRS looks at the underlying property rights under state law. To truly establish separate property status that the IRS would recognize, you'd typically need: 1) Documentation that the business was funded entirely with separate property (like inheritance or pre-marital assets), OR 2) A formal transmutation agreement signed by both spouses and properly recorded, OR 3) A comprehensive property agreement that clearly designates the business as separate property with your spouse's informed consent Given your tight deadline, definitely have your husband sign the consent section. Missing the S-Corp election deadline would be far more costly than dealing with any perceived "over-compliance." You can always work with your accountant later to establish clearer separate property documentation for future filings.

I went through this exact situation with my SMLLC in California last year, and I can confirm what everyone is saying - you definitely need your husband's signature even though he's not on the LLC paperwork. What really helped me understand this was realizing that the IRS doesn't just look at your business formation documents - they look at the underlying property rights under state law. In community property states like Arizona, the default assumption is that income and assets acquired during marriage belong to both spouses, regardless of whose name is on the paperwork. I initially tried to file without my wife's signature because I thought my operating agreement language would be sufficient, but my tax preparer strongly advised against it. She explained that the IRS has rejected S-Corp elections for this exact reason, and re-filing would mean missing the deadline and having to wait until the next tax year. Given that your deadline is approaching and your accountant is unavailable, I'd echo what others have said - have your husband sign the consent section now. It's much better to have a signature you might not strictly need than to risk having your entire S-Corp election rejected. You can always work with your accountant later to establish better separate property documentation for future filings if that's something you want to pursue. The peace of mind is worth it, especially when dealing with something as important as your S-Corp election timing!

@Amina Bah - I went through almost the exact same situation two years ago. Owned our house for 20 months when we had to sell during divorce proceedings. The good news is that divorce absolutely qualifies you for the partial exemption under IRS rules. Here's what you need to know: You'll get a prorated portion of the $250K exclusion based on how long you owned and lived in the home. So if you sell in November 2024, you'll have owned it for about 15 months out of the required 24 months. That means you'd get 15/24 = 62.5% of the $250K exclusion, which is $156,250 per person. With only $13,500 in total profit, you'll likely owe zero capital gains tax even without the full exemption. But it's still worth understanding the rules and documenting everything properly. One important tip: Make sure your divorce agreement clearly states how the house sale proceeds and any tax liabilities will be handled. This saved me from headaches later when filing my return. You'll report this on Schedule D and Form 8949 when you file taxes. Keep all your closing documents and any records of home improvements you made - those increase your cost basis and reduce your taxable gain even further.

@Amina Bah - I'm a tax preparer and see this situation frequently. Everyone's given you good advice about the partial exemption for divorce, but I want to emphasize a few practical points: First, with only $6,750 profit each, you're likely looking at minimal or zero capital gains tax even without any exemption, since short-term capital gains are taxed as ordinary income and you'd each need to exceed the standard deduction threshold for it to matter. Second, make absolutely sure you're accounting for ALL costs in your profit calculation - not just realtor commissions and closing costs, but also any improvements you made, moving expenses related to the sale, legal fees if they're directly related to the sale, etc. These all reduce your taxable gain. Third, if you do end up owing any capital gains, remember that as short-term gains (less than 1 year ownership), they're taxed at your regular income tax rates, not the preferential capital gains rates. But again, with your small profit amounts, this likely won't be an issue. Keep detailed records of everything, and consider having a tax professional review your situation when it comes time to file. The peace of mind is worth the consultation fee, especially during an already stressful divorce process.

Has anyone found a good solution for dealing with these K-1s that come after the filing deadline? I got my DBC one on April 20th last year and had to file an extension because of it. Super annoying!

I'm dealing with this exact same situation! Got my first DBC K-1 this year and was completely blindsided. One thing I learned after doing some research is that you should definitely keep records of your cost basis in DBC separate from what's reported on the K-1, because the K-1 income/loss items don't necessarily correspond to your actual economic gain or loss from the investment. Also, if you're using tax software like TurboTax or FreeTaxUSA, make sure to look for the "Partnership K-1" section specifically - don't try to enter it as regular investment income or you'll mess up your return. The software should walk you through each box on the K-1 and ask you what type of income it represents. One more heads up - if this is your first year with commodity ETF K-1s, expect to get it late next year too. I wish someone had warned me that these partnerships almost always file extensions and send out K-1s well after April 15th!

I completely feel your pain on this one! I actually just went through the exact same situation last month and was pulling my hair out over it. Here's what I discovered after way too much research: Technically yes, all interest income should be reported regardless of amount. But here's the key thing that saved my sanity - check your December bank statements FIRST before you start the nightmare of adding up 12 months per account. Most banks show "YTD Interest Earned" or something similar right on your year-end statement. I had 6 accounts earning practically nothing and thought I'd be stuck doing math for hours. Turned out each December statement had the total right there - took me maybe 15 minutes total instead of the hours I was dreading. The reality is your $3.42 in total interest would result in maybe 50-80 cents in actual tax depending on your bracket. We're literally talking about pocket change in every sense. While banks don't send 1099-INT forms for amounts under $10 (so the IRS doesn't automatically know about it), I personally went ahead and reported mine just for complete peace of mind. The audit risk for such tiny amounts is essentially zero - the IRS focuses on much bigger fish. But if you're like me and prefer to sleep well at night knowing you're 100% compliant, the December statement approach makes it way less painful than you'd expect!

I just want to add another perspective here - I'm a CPA and see this question come up all the time with clients. While everyone's correctly pointing out that all interest is technically taxable, there's something important to consider about materiality. The IRS Publication 17 doesn't set a minimum threshold, but their own internal procedures focus audit resources on cases with substantial underreporting. For context, the average cost of processing a return exceeds what the government would collect on a few dollars of unreported interest. That said, if you want to be fully compliant (which I always recommend), here's the easiest approach: Most online banking platforms have a "Tax Documents" or "Year End Summary" section where you can download a summary showing total interest earned, even if it's under the 1099-INT threshold. This eliminates the need to hunt through individual statements. One more practical tip: if you're using tax software, there's usually a line for "Interest income not reported on Form 1099-INT" where you can just enter your total. The software handles the rest. Bottom line: The peace of mind from proper reporting is worth the minimal effort, especially when you know the right shortcuts to gather the information quickly.

I'm a tax attorney and wanted to add some perspective on the legal requirements here that might help strengthen your position with MGM. Under IRS regulations (specifically Reg. 1.6041-1(e)), payers like MGM are required to furnish copies of information returns "upon written request" from the payee. This isn't just a courtesy - it's a legal obligation. If you go the certified letter route (which I highly recommend), I'd suggest including specific language that references their legal obligation under Section 6041 and remind them that failure to provide required tax documents could result in penalties. Sometimes mentioning the regulatory framework gets faster action than just asking nicely. Also, don't forget that you have the right to file a complaint with both the Nevada Gaming Control Board AND the IRS if MGM continues to be unresponsive. The IRS takes payer non-compliance seriously, and casinos definitely don't want regulatory scrutiny over tax document issues. The IRS transcript approach others have mentioned is excellent for getting the actual reported amount, but you may still want the physical W2G for your records and to avoid any potential matching issues during IRS processing. Keep pushing on multiple fronts - your persistence will pay off!

I've been following this thread with great interest as I'm dealing with a similar W2G issue from Foxwoods. The collective advice here has been incredibly comprehensive - from the IRS transcript requests to the certified letter approach with specific regulatory citations. What I find most valuable is how this thread evolved from basic suggestions to professional-level legal and tax guidance. The combination of the taxr.ai service recommendation for immediate document retrieval, Claimyr for phone assistance, and the formal regulatory complaint process gives multiple pathways to resolution. For anyone still reading through this thread, I'd recommend prioritizing the strategies in this order based on urgency: 1) IRS transcript request for the exact amount, 2) taxr.ai or similar document retrieval service if available for your casino, 3) certified letter with regulatory citations to corporate headquarters, and 4) gaming board complaint as backup pressure. The key insight from the tax professionals here is that this situation is actually quite common and there are established procedures for handling it. Don't let casinos make you feel like you're asking for something unreasonable - providing duplicate tax documents is literally their legal obligation under federal regulations. Thanks to everyone who shared their expertise and experiences. This thread should be bookmarked by anyone dealing with casino tax document issues!