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Don't panic about audit risk here. I'm a tax preparer and see this situation ALL THE TIME. Just report your actual cost basis based on your records, keep documentation of how you determined it, and move on. The "not reported to IRS" checkbox is mainly for the IRS's information, not a red flag or audit trigger. As long as your reported proceeds match what's on the 1099-B, you're fine. The IRS expects taxpayers to provide cost basis when brokers don't have it.
do we need to attach any special form or explanation when we file? or just put the numbers in the right places?
You don't need to attach any special forms or explanations for the missing cost basis itself. Just enter the information on Schedule D and Form 8949 as usual. However, I'd recommend keeping a simple note in your tax records explaining how you determined the cost basis (like "used original purchase confirmations" or "calculated from historical prices on [date]") just in case you ever need to reference it later. TurboTax will guide you through the right places to enter everything - it's pretty straightforward once you have your numbers.
I've dealt with this exact situation multiple times! The "cost basis not reported to the IRS" checkbox is actually pretty common, especially for stocks purchased before 2011 when brokers weren't required to track cost basis for all securities. Here's what you should do: Use your own records to determine the cost basis and report it accurately on your tax return. When you enter these transactions in TurboTax, look for the option that says something like "Cost basis not reported to IRS" or similar - they have specific fields for this scenario. A few important points: - This won't trigger an audit just because the basis wasn't reported to the IRS - Make sure your sale proceeds match exactly what's on the 1099-B - Keep any documentation you have of your original purchase prices - If you're missing some records, try logging into your Fidelity account to see if you can access older statements or trade confirmations The key is to make a good faith effort to report the correct cost basis. Don't stress too much about this - it's a very routine situation that the IRS deals with constantly. Just be honest and thorough with your record-keeping.
This is really helpful, thanks! Just to clarify - when you say "make a good faith effort," does that mean I can estimate if I can't find the exact purchase price? For example, if I remember buying a stock around a certain date but can't find the confirmation, can I look up what the price was that week and use that? I'm worried about being too far off from what I actually paid.
Great thread everyone! I'm dealing with a similar 941X situation but mine involves tip reporting corrections for our restaurant staff. We discovered our POS system wasn't properly allocating tips between cash and credit card tips, which affected our FICA calculations. One thing I learned from our tax advisor that might help others - if you're filing multiple 941X forms for different quarters, make sure you include a cover letter explaining the relationship between them. The IRS processing centers sometimes handle them separately, and having a clear explanation can prevent confusion or duplicate penalty assessments. Also, @Jayden Reed - since you mentioned your bookkeeper is on maternity leave, consider setting up a power of attorney (Form 2848) if you need someone else to communicate with the IRS about your 941X. I had to do this when our accountant needed to follow up on processing status, and it saved a lot of headaches. The penalty situation really depends on how quickly you file after discovering the error and whether you can demonstrate reasonable cause. In our case, we filed within 30 days of discovering the POS system issue and included documentation showing it was a software glitch, not negligence. We still got a small penalty, but much less than the maximum.
This is incredibly helpful advice about the cover letter! I never would have thought of that, but it makes perfect sense that different processing centers might handle multiple 941X forms independently. The power of attorney tip is also really smart - I was wondering how I'd handle any follow-up questions from the IRS while our bookkeeper is out. Form 2848 sounds like exactly what I need. Your experience with the tip reporting correction gives me hope that being proactive about fixing errors really does help with penalties. The fact that you documented it was a software issue rather than negligence seems key. In our case, we can show that the error was due to confusion about ministerial tax exemptions rather than intentional underreporting, so hopefully that will work in our favor too. Thanks for sharing your experience - it's reassuring to hear from someone who's been through this process successfully!
This has been such a helpful thread! I'm dealing with my first 941X filing too, and reading everyone's experiences has really reduced my anxiety about the process. One thing I wanted to add that might help others - make sure you keep detailed records of WHEN you discovered the error and WHEN you filed the 941X. The IRS looks favorably on businesses that correct mistakes quickly after discovery, and this documentation can be crucial if you need to request penalty abatement. Also, if anyone is worried about making mistakes on the 941X itself, the IRS has a pretty detailed line-by-line instruction guide (Publication 15-X) that walks through each section. I found it much more helpful than just the form instructions. @Jayden Reed - given the complexity with the ministerial exemptions that others have mentioned, you might want to consider filing for an extension on your next quarter's 941 to give yourself time to get this straightened out properly. Better to take the time to do it right than rush and create more problems to fix later!
This is such great advice about documenting the timeline! I'm actually in a similar boat as @Jayden Reed - just discovered some payroll tax errors and feeling overwhelmed about the whole 941X process. Reading through everyone s'experiences here has been incredibly reassuring. The point about Publication 15-X is really helpful - I was just relying on the basic form instructions and getting confused. And @Axel Far, your suggestion about potentially filing for an extension on the next quarter makes a lot of sense. Better to get everything sorted out correctly than rush into another mistake. I m'curious though - for those who have been through this process, how detailed do you need to be in Part 4 the (explanation section ?)I m'worried about writing too much and confusing things, but also don t'want to be too brief and trigger questions from the IRS. Thanks to everyone who s'shared their experiences - this community is amazing for navigating these tricky tax situations!
FYI for anyone interested in short selling - the tax reporting on your 1099-B can be a total nightmare. My broker reported my short sales in a really confusing way last year. Box 1a showed proceeds from the short sale (when I sold the borrowed shares), but the cost basis in Box 1e was reported as $0 since technically I hadn't purchased anything yet. Then when I closed the position months later, it showed up as a separate transaction with the purchase price as my cost basis. Made it look like I had a huge gain on the first transaction and then a completely separate transaction later. TurboTax couldn't handle it properly without manual adjustments.
I ran into the same issue with my 1099-B! Had to manually combine the transactions to properly report the gain/loss. Did you find any tax software that handles this correctly? I spent hours fixing this last year.
The 1099-B reporting issue you mentioned is exactly why I switched to FreeTaxUSA last year. It has a specific section for adjusting short sale transactions where you can manually link the opening and closing transactions together. You enter both the short sale date and the covering date, and it calculates the proper gain/loss and holding period. I also learned that some brokers will issue a corrected 1099-B if you contact them about short sale reporting errors. Schwab actually sent me an amended form after I pointed out that they had incorrectly split my short-against-the-box transactions across multiple tax lots. Worth checking with your broker before spending hours manually adjusting everything. One tip: keep detailed records of your short sale dates and covering dates separate from what the broker reports. The IRS matching system sometimes flags discrepancies when the 1099-B doesn't clearly show the complete short sale cycle.
This is really helpful advice about FreeTaxUSA! I've been struggling with H&R Block's handling of my short positions. Quick question - when you manually link the opening and closing transactions in FreeTaxUSA, does it automatically handle the wash sale calculations if you have overlapping positions? I have several short sales that I closed and reopened within the 30-day window, and I'm worried about missing wash sale adjustments that could trigger an audit. Also, regarding keeping separate records - do you just use a simple spreadsheet or is there a specific format the IRS prefers if they ever ask for documentation of your short sale cycles?
This is exactly the kind of situation that can cause a lot of stress, but you're handling it the right way! I've dealt with similar K-1 corrections before and can confirm what others have said - for SSN-only corrections, you typically don't need the full 1065X process. One thing I'd add that hasn't been mentioned much: make sure to double-check ALL the other K-1s in your return while you're at it. I've found that when I make one data entry error like this, there's sometimes others lurking that I missed. Better to catch them all now rather than having to do multiple corrections later. Also, since you mentioned this is stressing you out - completely understandable! But this is actually one of the easier tax corrections to handle. The IRS deals with SSN corrections all the time, and as long as you're proactive about it (which you are), it should resolve smoothly. Your partner will appreciate you catching and fixing this quickly.
Great point about checking all the other K-1s! I hadn't thought about that but you're absolutely right - if I made one data entry mistake, there could easily be others. I'll go through each partner's information carefully before submitting the correction. Thanks for the reassurance too. It's helpful to hear from someone who's been through this that it's not as complicated as it seems. I was imagining all sorts of penalties and complications, but it sounds like the IRS handles these SSN corrections pretty routinely. One quick question - when you say "double-check ALL the other K-1s," do you mean just the SSNs or should I be reviewing all the allocations and amounts too? I'm pretty confident about the numbers since I used our accounting software, but want to be thorough.
I'd recommend checking both SSNs and at least doing a quick review of the key allocation amounts - especially the profit/loss percentages and any guaranteed payments. While your accounting software should have the calculations right, it's worth verifying that the percentages you entered match your partnership agreement. For SSNs, definitely double-check those against your partner records or W-9s. For amounts, focus on making sure the allocations add up to 100% across all partners and that any special allocations (like different percentages for ordinary income vs. capital gains) are correctly reflected. You don't need to recalculate every line item if you trust your software, but a quick sanity check on the major numbers can save you from discovering other issues later. The peace of mind is worth the extra 30 minutes of review time!
I went through this exact situation about 6 months ago with our LLC that's taxed as a partnership. You're absolutely right that you don't need to file a 1065X for just an SSN correction - that would be overkill for this type of error. Here's what worked perfectly for me: I created a new K-1 with the correct SSN, wrote "CORRECTED" in red ink at the top, and included a simple one-page letter explaining that only the SSN was incorrect and no dollar amounts were changed. I referenced our EIN and the tax year, then sent everything via certified mail to the same IRS processing center. The whole thing was resolved without any issues. My partner never heard anything from the IRS about it, and when I followed up a few months later, everything was properly updated in their system. One tip that really helped: I made sure to give my partner the corrected K-1 immediately so they could reference it if any questions came up on their personal return. Fortunately they hadn't filed yet, so it didn't complicate things on their end. Don't stress too much about this - it's really a straightforward correction and the IRS handles these SSN fixes all the time!
This is really reassuring to hear from someone who went through the exact same process! I'm glad to know it resolved smoothly for you. The tip about using red ink to mark "CORRECTED" is helpful - I hadn't thought about making it that visible. Quick question: when you followed up "a few months later" to check that everything was updated in their system, how did you actually verify that? Did you call the IRS directly or was there another way to confirm the correction was processed? I'd love to have that peace of mind knowing it's been properly handled on their end. Also, since your partner hadn't filed yet when you gave them the corrected K-1, did you have them sign anything acknowledging they received the correction? I'm wondering if I should document that my partner received the updated version, just in case there are questions later.
Sean Fitzgerald
This has been an incredibly thorough discussion covering so many nuances I hadn't considered! As someone new to multi-entity structures, I'm starting to see why proper planning is crucial here. One aspect I'd love to get clarity on - are there any minimum thresholds or safe harbors for guaranteed payment amounts that help avoid IRS scrutiny? I'm trying to figure out what would be considered "reasonable" guaranteed payments for management services in a holding company structure. Also, reading through all the state tax considerations mentioned by @Nia Williams and @Sofia Rodriguez, it seems like this type of structure could get expensive quickly with multiple state registrations and franchise taxes. Has anyone done a cost-benefit analysis on when the SE tax savings justify the additional complexity and compliance costs? I'm particularly interested in the documentation requirements that @Victoria Stark mentioned. What specific records should the holding company maintain to demonstrate legitimate business purpose beyond just tax avoidance? Meeting minutes and time logs make sense, but are there other types of documentation that strengthen the position? Finally, given all the technical complexity around material participation, QBI implications, and state tax issues, what's a reasonable timeline for implementing this type of structure properly? I don't want to rush into something this complex without adequate planning and professional guidance.
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Cole Roush
ā¢@Sean Fitzgerald, excellent questions that really get to the practical implementation side of things! Regarding reasonableness thresholds, there aren't specific safe harbors for guaranteed payments like there are for S-Corp reasonable compensation, but the IRS generally applies similar principles. I've seen tax attorneys recommend starting with what you'd pay an unrelated third party for similar management services - think about fees for investment management, strategic consulting, or family office services in your market. For smaller operations, this might be 1-2% of assets under management, while larger portfolios might justify lower percentages but higher absolute amounts. On the cost-benefit analysis, I've found the break-even point is typically around $75K-100K in SE tax savings annually to justify the additional compliance costs, but this varies significantly by state. States like Nevada or Wyoming with no state income tax and minimal franchise fees make the math work at lower thresholds, while high-tax states like California or New York require much larger savings to justify the complexity. For documentation, beyond meeting minutes and time logs, maintain investment committee reports, quarterly performance reviews, vendor management records, insurance coordination documents, and correspondence showing strategic decision-making. The key is demonstrating ongoing, substantive business activities rather than passive investment management. Timeline-wise, I'd budget 6-9 months for proper implementation including entity formation, agreement drafting, tax planning, and establishing operational procedures. Rushing this type of structure is asking for problems down the road!
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Yuki Tanaka
This has been one of the most comprehensive discussions I've seen on partnership guaranteed payments to S-Corp holding companies! As someone who's been working in tax planning for multi-entity structures, I wanted to add a few practical considerations that might help others implementing similar setups. First, regarding the documentation requirements everyone's discussing - don't overlook the importance of having a formal management services agreement between your partnership and S-Corp holding company. This should clearly outline the specific services being provided (strategic oversight, financial management, vendor coordination, etc.) and the basis for the guaranteed payment amount. Having this agreement in place before you start making payments strengthens your position significantly if the IRS ever questions the arrangement. Second, for those concerned about state tax implications, consider forming your S-Corp holding company in a state with favorable tax treatment even if your operating businesses are elsewhere. States like Wyoming, Nevada, or Delaware can offer significant advantages for holding company structures, though you'll need to maintain sufficient business activity and substance in that state. One timing consideration I haven't seen mentioned - if you're converting existing single-member LLCs to partnerships, be very careful about the tax year-end timing. The deemed contribution/distribution that occurs during the conversion can create unexpected tax consequences if not properly planned around your existing tax year. Finally, while the SE tax savings are attractive, remember that you're trading SE tax for potential state franchise taxes, additional tax return preparation fees, and ongoing compliance costs. Make sure to factor all of these into your analysis - the math doesn't always work for smaller income levels.
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A Man D Mortal
ā¢@Yuki Tanaka, this is exactly the kind of practical guidance I was hoping to find! The point about having a formal management services agreement in place before starting payments is crucial - I can see how that would provide much stronger documentation than trying to justify the arrangement after the fact. Your suggestion about forming the S-Corp in a tax-friendly state is intriguing. I'm curious about the "sufficient business activity and substance" requirement you mentioned. What does that typically look like in practice? I'm wondering if having the holding company's bank accounts, board meetings, and key decision-making activities in the formation state would be enough, or if there are more specific requirements to establish real business presence. The timing point about tax year-ends during LLC conversion is something I definitely need to discuss with my tax advisor. I hadn't considered how the deemed contribution/distribution could create unexpected consequences depending on when in the tax year the conversion happens. One follow-up question on the cost-benefit analysis - have you seen situations where the guaranteed payment structure makes sense even at lower income levels if someone has multiple partnerships or LLCs? I'm thinking the administrative efficiency of centralizing management through the holding company might justify the structure even when the pure SE tax savings alone wouldn't meet the typical thresholds. Thanks for sharing such detailed practical insights - this is exactly the kind of real-world implementation guidance that's hard to find!
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Ryder Greene
ā¢@A Man D Mortal raises a great question about the multiple entity scenario! From my experience, the administrative efficiency can absolutely justify the structure at lower income thresholds when you have several LLCs or partnerships. I ve seen this'work well when someone has 3+ entities generating combined income of $150K+ annually, even if each individual entity might not justify guaranteed payments on its own. The key is that the holding company can provide legitimate centralized services like consolidated financial reporting, coordinated tax planning across entities, unified banking relationships, and streamlined vendor management. These efficiencies often create real business value beyond just the SE tax savings. Regarding @Yuki Tanaka s point about establishing'substance in the formation state - from what I ve seen work successfully,'you typically need the holding company to have its primary bank account, registered office with actual business activity not just a mail (drop , board meetings conducted)in-state, and key contracts signed there. Some states have specific nexus requirements that can "trip" you up if you re too aggressive about'trying to avoid tax in your home state while maintaining minimal presence in the formation state. One thing I d add to the'management services agreement discussion - make sure the agreement includes specific deliverables and reporting requirements. Having quarterly management reports, annual strategic plans, or monthly financial summaries that the holding company actually produces helps demonstrate the substantive nature of the services being provided. Has anyone dealt with the uniform capitalization rules Section 263A when the (holding company) is providing services to partnerships engaged in production activities? This can add another layer of complexity to the guaranteed payment arrangements.
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