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My dad and I were in a similar situation last year. We went with the multi-member LLC route with a 75/25 split and it's worked well for us. One thing nobody mentioned yet - make sure your dad is actually providing some services or capital to the business! The IRS doesn't look kindly on "partnerships" where one person is just there for tax benefits without contributing anything.
What kind of contribution is enough? Like if their dad just helps with advice or occasional admin work, is that sufficient?
Even limited contributions can be sufficient, but they need to be legitimate and documented. Occasional consulting, administrative work, strategic planning, or industry connections can all qualify as legitimate contributions. The key is documenting these activities - keep records of meetings, emails showing advice, or time spent on business matters. Alternatively, a capital contribution (even a smaller one) can justify partnership status. If your dad contributes equipment, startup funds, or other assets, make sure to document these with proper valuations in your operating agreement.
Just wanted to add my perspective as someone who went through this exact decision process recently. I ended up choosing a multi-member LLC with my mom (70/30 split) and it's been working great for our consulting business. A few practical considerations that helped me decide: First, the multi-member LLC gives you flexibility to adjust profit/loss allocations in your operating agreement if your business circumstances change. Second, you can always convert to S-Corp status later by filing Form 2553 if you reach the profit threshold where it makes sense. One thing that surprised me was how much simpler the bookkeeping is compared to what I expected. Yes, you file Form 1065, but tax software makes it pretty straightforward, and having clear documentation of who contributed what from the start really helps. Make sure you get that operating agreement drafted properly though - it's worth spending a few hundred dollars on a business attorney to get it right rather than using a template. The IRS will scrutinize family partnerships more closely, so having everything documented properly from day one is crucial.
This is really helpful perspective, thanks for sharing your experience! The flexibility aspect is something I hadn't fully considered - being able to adjust allocations later if circumstances change seems like a major advantage over being locked into separate LLCs. Quick question about the S-Corp conversion you mentioned - when you file Form 2553 to elect S-Corp status, does the LLC structure itself change or just the tax treatment? I'm trying to understand if that would require updating our operating agreement or if it's purely a tax election. Also, totally agree on getting a proper operating agreement drafted. The family partnership scrutiny point is especially important - I definitely don't want to create any red flags with the IRS down the road.
Also note that for prior year returns, you CANNOT e-file. The IRS only accepts electronic filing for the current tax year and previous two years. For 2020, you definitely have to mail a paper return at this point.
That's not entirely accurate. Some tax professionals with certain software can e-file returns for up to 3 prior years. So for 2025 filing season, they might be able to e-file 2022, 2023, and 2024. But you're right that 2020 would definitely need to be paper filed now.
I was in a similar situation last year filing my 2019 return super late. Here's what I learned after going through this whole process: 1. Use the 2020 mailing address from the original 2020 Form 1040 instructions - not the current year's address 2. Write "TAX YEAR 2020" in large letters on the outside of your envelope so it gets routed correctly 3. Send it certified mail with return receipt - this gives you proof of delivery in case the IRS claims they never got it 4. Include a brief written statement explaining why you're filing late (doesn't need to be a special form, just a simple letter) 5. Be prepared for interest charges on any taxes owed - they calculate from the original 2020 due date The IRS processing centers do sometimes change, but they maintain mail forwarding for situations exactly like this. The key is using the correct tax year's instructions and making sure it's clearly marked on your envelope. You've got this - better late than never!
This is really helpful, thanks for laying it all out step by step! I'm actually in almost the exact same situation with multiple years to catch up on. Quick question - when you say "brief written statement explaining why you're filing late", is there a specific format they expect or just a simple explanation? And did you attach it as a separate sheet or write it directly on the tax form somewhere?
@Crystal Singletary A future date on code 150 usually means your return is still being processed and hasn t'been fully accepted yet. The IRS sometimes assigns future processing dates when there are delays or additional reviews needed. Since you have the 810 freeze from months ago, that s'likely what s'holding everything up. Have you done the identity verification yet? Once that freeze gets lifted, your code 150 should update to show the actual processing date and things should move forward. The waiting is brutal but hang in there! š¤
Hey Greg! I went through something super similar last year. The 810 freeze is definitely frustrating but you're on the right track having done the in-person verification. Those codes 766 and 768 are actually good signs - they show your credits are being processed and applied to your account. The 4/15/24 date you're seeing is just the tax filing deadline, not your refund date unfortunately. After identity verification, the IRS usually takes 6-9 weeks to lift the freeze and process your refund. Keep checking your transcript for when that 810 code disappears - once it's gone and you see an 846 code, that's when you'll have your actual refund date! The waiting is the worst part but you're definitely moving in the right direction š
Thanks for breaking this down Adrian! I'm in a similar situation and the waiting is killing me š© How long did it actually take for your 810 to disappear after verification? And did you get any kind of notification when it was lifted or did you just have to keep checking your transcript?
I went through this exact same frustration last year and want to share what finally worked for me. After reading through everyone's suggestions here, I tried multiple approaches before finding my missing $78k in withholdings. What ultimately solved it was a combination of several things mentioned in this thread: 1. **Check your final paystub of the year** - Like Anastasia mentioned, mine showed "Supplemental Tax Withholding" that didn't transfer properly to my W2. 2. **Contact your stock plan administrator directly** - This was key. I called the dedicated RSU support line (not regular HR) and they provided a "Tax Withholding Summary" that clearly showed all amounts remitted to the IRS on my behalf. 3. **Look for Form 945** - This is something no one mentioned yet, but some companies file this form for supplemental withholdings like RSUs. While you won't receive a copy, asking about it helped my HR team locate the correct withholding amounts in their system. The most important thing I learned is that the withholding definitely exists in the IRS system even if your documentation is incomplete. When I finally filed my return claiming the full withholding amount, it was accepted without any issues. For immediate peace of mind while you're still searching for documentation, you can also request a tax account transcript from the IRS (it's free online) which will show all payments made on your behalf, including estimated payments from brokerages. Don't give up - that money was sent to the IRS and you absolutely should get credit for it!
This is incredibly comprehensive advice, thank you! The Form 945 suggestion is something I hadn't heard before and could be really helpful. I'm going to try the tax account transcript approach first since that sounds like the most direct way to confirm the IRS actually received my withholding. One quick question - when you requested the transcript, did it show the withholding immediately or did it take some time to appear in their system? I'm wondering if there's typically a delay between when the brokerage sends the payment and when it shows up on the IRS side, especially for December transactions. Also, for anyone else following this thread, I want to mention that I finally found success by being very specific when contacting support. Instead of just asking "where are my tax withholdings," I started saying "I need documentation for supplemental income tax withholding from RSU vesting transactions totaling $X on [specific dates]." This seemed to help the representatives understand exactly what I was looking for and route me to the right department faster.
I'm dealing with a very similar situation right now! I had about $85k withheld from my RSU sale through Charles Schwab, but like you, it's nowhere to be found on my W2. Reading through this thread has been incredibly helpful - I had no idea this was such a common issue. Based on what everyone has shared, I'm going to start by checking my company's stock plan portal (separate from my regular Schwab account) and look for that "Tax Center" section that Gabrielle mentioned. I also like the idea of requesting a tax account transcript from the IRS to confirm they actually received the withholding. One thing I'm curious about - has anyone here had success getting a corrected W2 from their employer to include the missing RSU withholdings? It seems like that would be the cleanest solution if the withholding was supposed to be on the W2 in the first place, rather than having to hunt down separate documentation or report it on different tax forms. This thread is a goldmine of practical advice that you just can't find in generic tax guides. Thanks to everyone who shared their experiences!
Zainab Omar
Thanks everyone for the detailed explanations! This is super helpful. I had no idea about the 28% collectibles rate - I was thinking it would just be regular capital gains rates. Just to make sure I understand correctly: since I held the coins for several years (grandfather gave them to me in 2019), I qualify for long-term capital gains treatment, but at the higher 28% collectibles rate rather than the standard 15%/20% rates that apply to stocks? Also, do I need any special documentation beyond the sale receipts? I have the original purchase receipts my grandfather kept, plus all my sale confirmations from the coin dealer. Should I also get some kind of appraisal or valuation documentation for my records? One more question - is there a minimum threshold for reporting these sales, or do I need to report even small gains? The total gain across all coins was only about $620, but I want to make sure I'm doing everything correctly.
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Dylan Cooper
ā¢You've got it exactly right! Since you held them since 2019, you qualify for long-term treatment but at the 28% collectibles rate instead of the lower stock/bond rates. Your documentation sounds perfect - original purchase receipts plus sale confirmations are exactly what you need. No appraisal necessary unless there were questions about the basis or selling price. For reporting thresholds, you need to report ALL capital gains regardless of amount. Even your $620 total gain must be reported on Schedule D and Form 8949. The IRS will receive 1099-B forms from dealers for sales over certain amounts, so it's always best to report everything to avoid any discrepancies. Make sure to use the correct codes on Form 8949 - you'll want to indicate these are collectibles when you file.
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Malik Robinson
Just want to emphasize something important that might not be clear - when you report this on Form 8949, make sure you're using the correct basis calculation. Since these were gifts from your grandfather, you use his original cost basis ($2320 per coin), not the fair market value when you received them. This is different from inherited property where you'd get a "stepped-up basis." With gifts, you inherit the donor's basis along with their holding period, which is why you qualify for long-term treatment even though you personally didn't hold them for over a year before selling. Also, keep all that documentation you mentioned in a safe place - the IRS can audit up to 3 years after filing (6 years if they suspect substantial underreporting), so you'll want those receipts available if questions arise later.
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Omar Farouk
ā¢This is really helpful clarification about the basis calculation! I'm curious though - what happens if the fair market value when you received the gift was actually lower than what the donor originally paid? Does that affect the tax calculation at all, or do you always use the donor's original cost basis regardless? Also, regarding the 3-year audit window you mentioned - does that clock start from when you file your return or from the tax deadline (April 15th)? Just want to make sure I know how long to keep these records.
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