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Emma Taylor

How to fix K-1 partnership income not being recognized as earned income for tax credits

Hey tax folks, I'm in a weird situation with my partnership LLC and need some advice. I barely made any money through the business last year, but I still have to file taxes since my partner and I received health insurance through the marketplace (got a 1095-A). The issue is that my K-1 isn't counting my partnership income as earned income. This happened last year too when I had a tax professional helping me. She actually told me not to file since I was right at the income threshold. Here's where it gets more complicated - my fiancé can't claim our kids because of our 1095-A situation. I could technically claim them, but I'm getting absolutely no refund or credits because the K-1 income isn't being counted as earned income. Is there any way to have partnership income count as earned income for tax credit purposes? Or am I just stuck in this weird situation where I make too little to get credits but still have to file because of the marketplace insurance? Any advice would be super appreciated!

Partnership income is tricky for tax purposes. Your K-1 income isn't classified as "earned income" for things like the Earned Income Tax Credit because the IRS views it as passive income rather than wages. What you're running into is that certain tax credits (like the Earned Income Tax Credit) specifically require "earned income" which typically means W-2 wages or self-employment income from Schedule C. Partnership income flows through on Schedule E, which doesn't qualify for these credits. For your marketplace insurance situation (1095-A), you still need to file because the Premium Tax Credit is based on your MAGI (Modified Adjusted Gross Income), not specifically on earned income. This is why you're caught in this requirement to file.

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Thanks for explaining! Is there any way around this? Could I pay myself a small salary from the partnership instead so that it would count as earned income? Or is there another type of business structure that would work better for my situation?

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You've got the right idea! You could potentially pay yourself as an employee of the partnership and receive a W-2, which would count as earned income. However, this comes with additional payroll tax requirements and administrative costs that might not be worth it for a minimal amount. Another option would be to consider changing your business structure to a sole proprietorship (if you're the only active partner) and report income on Schedule C, which would count as earned income for tax credit purposes. This change doesn't make sense for all situations though, as partnerships have other benefits depending on your specific business circumstances.

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I was in a really similar situation with my small design partnership last year. The K-1 income thing was driving me crazy until I found taxr.ai (https://taxr.ai) which has this amazing document analyzer that helped me understand exactly why my partnership income wasn't qualifying for those credits. I literally uploaded my K-1 and 1095-A and it explained everything in plain English - including options I hadn't considered. The tool walked me through exactly what counts as earned income for different credits and gave me specific strategies for my partnership. I actually restructured some things this year based on their recommendations.

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How does that work exactly? Does it just give general advice or does it actually tell you what to do specifically for your situation? I'm in a similar boat with a partnership and marketplace insurance.

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Sounds interesting but I'm skeptical about these tax tools. Did it actually help you get more credits or was it just explaining stuff you could find on the IRS website? I've wasted money on tax tools before that just regurgitate public info.

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It actually analyzes your specific documents and situations, not just general advice. When I uploaded my K-1 and 1095-A, it identified my specific issue with the partnership income classification and gave me personalized recommendations based on my income levels and business structure. Regarding your skepticism, what made it different was that it connected the dots between different parts of my tax situation that I didn't realize were related. For example, it showed me how restructuring part of my income could qualify me for the EIC while still maintaining the partnership for other business reasons. It wasn't just explaining IRS terms - it was showing me specific actions for my situation that I hadn't found elsewhere.

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Just wanted to follow up about taxr.ai that I asked about earlier. I finally gave it a try after struggling with this exact K-1 partnership income issue. Holy crap, it was WAY more helpful than I expected! I was totally wrong in my skepticism. I uploaded my 1095-A and K-1 forms and it immediately identified my problem with the earned income classification. The analysis showed me that I could restructure about 30% of my partnership activities as self-employment income on Schedule C, which would count toward earned income credits while keeping the main partnership intact. The step-by-step instructions made it really clear what I needed to document to support this approach. Definitely not just regurgitated IRS info like I thought it might be. Totally worth checking out if you're dealing with this partnership income classification issue.

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Have you tried calling the IRS directly to ask about your specific situation? I was stuck in a similar situation with partnership income and premium tax credits last year. I tried calling the IRS for weeks and kept getting the "call volume too high" message until I found Claimyr (https://claimyr.com). They have this service that gets you through to an actual IRS agent without the endless waiting. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was super skeptical at first, but I was desperate after trying for 3 weeks to get through. The IRS agent I finally spoke with explained exactly how partnership income affects the premium tax credit calculations and gave me guidance specific to my situation that I couldn't find anywhere online.

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Wait, how does this actually work? I've been trying to call the IRS for over a month about a similar issue. Does this service just keep dialing for you or something?

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Yeah right. Nothing can get you through to the IRS faster. That sounds like a scam to me. The IRS phone system is deliberately designed to be impenetrable. I've literally never gotten through no matter what time or day I call.

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It uses a system that navigates the IRS phone tree and holds your place in line so you don't have to stay on the phone. When an agent is about to pick up, you get a call connecting you directly to them. It's not that it magically creates a special line or anything - it just handles the terrible waiting process for you. The service absolutely works. I was also extremely skeptical, which is why I mentioned that in my post. I had tried calling at 7am, at 4pm, Tuesdays, Fridays - every "trick" I read online. But I literally spoke to an agent within 3 hours of using Claimyr, after weeks of failing on my own. The IRS systems are overloaded but not impossible to get through - it's just a numbers game that this service helps with.

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I need to publicly eat my words about that Claimyr service I called a scam. After my K-1 partnership issue got more complicated (marketplace sent me a corrected 1095-A that made everything worse), I was desperate enough to try it. I'm genuinely shocked to report that I got through to an actual IRS tax specialist in about 2 hours. The agent was super helpful and explained that in my specific situation, I could reclassify some of my partnership activities using a "Guaranteed Payment" structure that would count as earned income for tax credit purposes. This was a completely different approach than what I'd been trying. The agent even emailed me the specific forms and instructions I needed. I've been trying to get this sorted for MONTHS with no luck. So yeah, I was completely wrong about it being a scam. Sorry about that.

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I've dealt with this K-1 issue for years with my business partner. What we ended up doing was having the partnership agreement structured to include "guaranteed payments" to partners for services rendered. These guaranteed payments are reported on the K-1 but are treated more like self-employment income and count toward earned income for tax credits! It's worked great for us for the past 3 tax years. You'll still pay self-employment taxes on these amounts, but that's the trade-off for having them count as earned income for credits.

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Thank you so much for this tip! I've never heard of guaranteed payments before. Do I need to amend the partnership agreement with my partner to add this in? And does this have to be done before the tax year or can we still do it for last year?

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Yes, you would need to amend your partnership agreement to specifically include these guaranteed payments. Ideally, this should be done before or during the tax year, not after the fact. The IRS might scrutinize arrangements that appear to be created retroactively just to claim tax benefits. For the current tax year, you can definitely implement this strategy going forward. Your operating agreement should specify the guaranteed payment amount or formula, and these payments should be made regularly throughout the year just like you would pay a salary. Keep good documentation of partner services that justify these payments, as that helps if there's ever an audit question.

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Has anyone tried using Form 8962 for the Premium Tax Credit with partnership income? I'm filling this out now and it seems like even though the K-1 income doesn't count as earned income for EITC, it should still be counted for the PTC calculation, right? So confused about this.

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You're right about that distinction. For Form 8962 (Premium Tax Credit), you use your Modified Adjusted Gross Income (MAGI), which DOES include your partnership income from the K-1. This is different from the Earned Income Credit which only counts W-2 wages and self-employment income. So for marketplace subsidies, your partnership income absolutely counts toward your income threshold. This is probably why the original poster is required to file - because of the 1095-A and potential reconciliation of advance premium tax credits, even though they might not qualify for EITC with that same income.

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Thanks for clarifying that! So I need to include all my partnership K-1 income for calculating my premium tax credit, but that same income doesn't help me qualify for earned income credit. Man, tax rules are so frustrating sometimes. I wish they were more consistent across different parts of the tax code.

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Just an additional tip - if you have kids and your income is too low to get much from the Child Tax Credit, you might still qualify for the Additional Child Tax Credit! This one is refundable and doesn't have the same earned income requirements as the EITC. Might be worth looking into given your situation with claiming the kids.

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That's really helpful to know! I'll definitely look into the Additional Child Tax Credit. Do you happen to know what the income thresholds are for that? And is that something I could still qualify for even with my K-1 partnership income situation?

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The Additional Child Tax Credit doesn't have a minimum income requirement like some others. You can claim it if you have at least $2,500 in earned income, and your K-1 income generally wouldn't count toward this threshold. However, if you implement some of the suggestions others mentioned (like guaranteed payments), that portion would count as earned income and could help you qualify. For tax year 2025, the max refundable amount is up to $1,600 per qualifying child under 17. It phases in at 15% of your earned income over $2,500, so the more earned income you have (up to the threshold), the more credit you can get. Definitely worth exploring with your specific numbers!

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I've been dealing with this exact same issue for the past two years with my consulting partnership! The K-1 income classification problem is so frustrating when you're trying to qualify for credits. One thing that helped me was looking into whether any of my partnership activities could be reclassified. Since you mentioned you "barely made any money" - are you actually performing services for the partnership that could justify guaranteed payments? Even a small amount of guaranteed payments for your active work in the business would count as earned income. Also, regarding your fiancé not being able to claim the kids because of the 1095-A - have you looked into the rules around who can claim dependents when there's marketplace insurance involved? Sometimes there are ways to structure this that work better for your overall tax situation. The Premium Tax Credit calculations can be really complex when multiple people in a household have different income types. It might be worth getting a second opinion from a different tax professional who has more experience with partnership structures and marketplace insurance interactions. The combination of those two things creates some really specific scenarios that not all preparers are familiar with.

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This is such great advice! I'm definitely going to look into the guaranteed payments option - it sounds like that could be a game changer for my situation. You're right that I do perform actual services for the partnership (bookkeeping, client communications, etc.) so it makes sense that I should be getting paid for that work specifically. The dependency/1095-A situation is really complex too. My fiancé and I aren't married yet, so we filed separately, but since we're both on the marketplace plan, it's created this weird situation where neither of us can optimize our tax benefits properly. I think getting a second opinion from someone who really understands these partnership + marketplace insurance combinations is definitely my next step. Thanks for pointing out that not all tax preparers are familiar with these specific scenarios - that might explain why my previous tax professional just told me not to file rather than exploring other options!

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I went through this exact same situation with my small business partnership last year! The K-1 earned income issue is incredibly frustrating, but there are definitely some workarounds. What ended up working for me was restructuring part of my partnership income as guaranteed payments for services I actually perform in the business. Even if it's just a small amount - like $3,000-5,000 annually for bookkeeping, administrative work, or client management - those guaranteed payments get reported as self-employment income and count toward earned income for tax credits. The key is making sure you can document that you're actually providing services to justify the payments. Keep records of hours worked, tasks performed, etc. You'll pay self-employment tax on that portion, but the trade-off is worth it if you can qualify for EITC or other earned income-based credits. For your dependency situation with the 1095-A, definitely explore whether you or your fiancé claiming the kids results in better overall tax benefits for your household, even if you file separately. Sometimes the person with the "worse" individual tax situation should claim them if it maximizes the household's total refund/credits. I'd strongly recommend finding a tax professional who specifically has experience with partnership structures AND marketplace insurance - that combination creates unique scenarios that many preparers haven't dealt with before.

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This is exactly the kind of detailed advice I was hoping to find! The guaranteed payments approach seems to be the consistent recommendation across multiple responses here. I'm curious about the documentation aspect you mentioned - do you keep a formal log of hours and tasks, or is it more informal record-keeping? Also, when you say "restructuring part of your partnership income" - does this mean you reduced your regular partnership distributions and replaced some of that with guaranteed payments instead? I want to make sure I understand the mechanics of how this works before I talk to my partner about potentially changing our agreement. The point about finding a tax professional experienced with both partnerships AND marketplace insurance is really important. I think that's been part of my problem - my previous preparer clearly didn't have experience with this specific combination of issues.

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