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Micah Trail

Partnership LLC losses for 3 years - Do I have to claim the loss on my personal tax return?

My husband and I own a small boutique LLC (50/50 partnership) that's unfortunately in the red for the third year in a row. The losses are relatively minor (about $2,000 per year) and we definitely started and continue to run it as a legitimate business, but I'm concerned about the "hobby loss" classification since we've had three consecutive unprofitable years. I'm wondering what I should do next. After our business taxes are filed and we receive our K-1 forms, am I required to include these losses on our personal tax return? I want to do whatever is most appropriate and least likely to trigger an audit. We've kept meticulous records with receipts and detailed expense reports to substantiate everything, but honestly, the tax benefit from claiming the loss is small enough that I'd rather skip it than deal with an audit if that's a legitimate option. Some additional details: - We file our personal taxes as Married-Filing Jointly - The partnership LLC was formed in 2022 - Both of us have full-time W-2 employment as our primary income source

Nia Watson

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Yes, you do need to report the partnership losses on your personal tax return. The K-1 form (not 1099-K) that you receive from your partnership shows your share of income or losses, and this must be reported on your personal return regardless of whether it's a profit or loss. The "hobby loss" concern is valid after 3 years of losses, but the IRS looks at several factors beyond just profitability. They consider whether you operate in a businesslike manner, have expertise, spend sufficient time, expect assets to appreciate, have success in similar activities, your history of income/losses, and your financial status. Having good records helps demonstrate business intent.

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Thanks for the info! I'm in a similar situation. If the IRS does determine it's a hobby, what happens then? Do we have to go back and amend previous returns? And is there any specific documentation I should be keeping to prove it's a legitimate business beyond just receipts?

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Nia Watson

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If the IRS determines your activity is a hobby, you'd generally have to amend returns for open tax years (usually the last three years). The main consequence is that hobby expenses are only deductible as itemized deductions subject to 2% of AGI limit, and only up to the amount of hobby income - meaning you can't use hobby losses to offset other income. For documentation, keep more than just receipts. Maintain a separate business bank account, create business plans showing profit intent, document time spent, keep records of marketing efforts, and show how you're adapting strategies to improve profitability. Also consider consulting with a tax professional to review your specific situation.

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I went through something similar with my LLC last year and found this amazing tool called taxr.ai (https://taxr.ai) that was super helpful for figuring out the hobby loss rules. I was really stressed about whether I should claim my losses or not, but their document analysis actually helped me understand how to properly document business intent for a partnership LLC. The tool analyzes your specific situation and tells you exactly what you need to document to demonstrate profit motive. It literally saved me hours of research and gave me peace of mind about claiming my losses.

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Marcus Marsh

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How exactly does it work? Do you have to upload sensitive documents or tax returns? I'm always hesitant about putting financial info online.

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Sounds interesting but I've been using my accountant for years and he seems to know his stuff. Does this thing actually tell you anything that a decent accountant wouldn't already know?

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You don't have to upload your actual tax returns - you can just input the specific information you need guidance on, like business structure, years of losses, and what documentation you have. It maintains confidentiality while giving you personalized advice. It's different from an accountant because it can instantly reference thousands of tax regulations and real case outcomes to show you what the IRS is specifically looking for in your situation. Many accountants give general advice, but this tool shows you exactly what documentation has worked in cases similar to yours, including specific IRS memos that most accountants don't have time to research.

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I wanted to update you all - I tried taxr.ai after posting my skeptical comment, and wow, I'm actually really impressed. It showed me exactly how to structure my documentation to prove business intent for my photography LLC that's been losing money. The tool pointed out specific elements I was missing in my business plan and gave me templates for tracking my efforts to reach profitability. What surprised me most was learning about the safe harbor rule that applies to some businesses with losses. I've been doing this for 4 years and my accountant never mentioned that! It definitely gave me more confidence about claiming my losses properly.

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Cedric Chung

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If you're worried about an audit, one thing I've learned is that trying to communicate with the IRS in advance is nearly impossible. I spent WEEKS trying to get someone on the phone about my partnership losses. Then I found Claimyr (https://claimyr.com) and it was a game changer. They got me connected to an actual IRS agent in about 15 minutes when I had been trying for days with no luck. Check out how it works here: https://youtu.be/_kiP6q8DX5c I was able to ask specific questions about my situation and get clarity direct from the source, which gave me so much peace of mind about filing correctly.

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Talia Klein

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How does this actually work? I thought the IRS phone lines were just perpetually busy. Does Claimyr somehow cut the line or something?

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Yeah right. There's no way this actually works. I've been trying to get through to the IRS for months about my business losses. I don't believe any service can magically get you through when millions of people are calling.

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Cedric Chung

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It doesn't cut the line - it uses technology to continuously dial and navigate the IRS phone system for you. When it finally gets through, it calls you and connects you directly with the IRS agent. It's basically doing the waiting for you instead of you having to sit on hold for hours. The reason it works is because their system can make multiple attempts simultaneously and navigate the complicated IRS phone tree perfectly each time. When I used it, I just went about my day and then got a call when they had an agent on the line. It was honestly a huge relief after wasting so many hours trying myself.

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I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it because I was desperate to talk to someone at the IRS about my partnership losses. I got connected to an actual IRS representative in about 20 minutes when I had been trying for literally WEEKS on my own. The agent gave me specific guidance about my situation and confirmed that I absolutely need to report my K-1 losses on my personal return, but also gave me some pointers about documentation that would help demonstrate business intent rather than hobby status. Having that official guidance directly from the IRS gave me much more confidence in filing. Definitely worth it for the time savings alone.

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PaulineW

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Something I learned the hard way - even if you decide not to claim the losses, you still need to report the K-1 information on your return. The IRS computers match K-1s to personal returns, and omitting it entirely will likely trigger a notice even if you're not claiming the deduction. Also, look into Section 183 (hobby loss rule) and make sure you can pass at least 5 of the 9 factors they consider. Having a written business plan showing how you expect to become profitable is super important.

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What are those 9 factors exactly? My husband and I have a small custom furniture business that's been losing money for 2 years now and I'm worried about next year.

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PaulineW

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The nine factors are: 1) Whether you carry on the activity in a businesslike manner (separate accounts, good records), 2) Your expertise or that of your advisors, 3) Time and effort you put into the activity, 4) Expectation that assets used will appreciate in value, 5) Your success in similar activities, 6) Your history of income or losses, 7) Amount of occasional profits earned, 8) Your financial status (other income sources), and 9) Elements of personal pleasure or recreation. Remember that you don't need to meet all nine factors - the IRS looks at the overall picture. For your furniture business, document your efforts to market, improve efficiency, reduce costs, etc. Even showing that you're adjusting your business model to address losses demonstrates business intent rather than hobby pursuit.

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Chris Elmeda

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Has anyone used a specific tax software that handles partnership losses well? I'm using TurboTax and the way it handles my K-1 from our small LLC seems confusing.

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Jean Claude

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I've had good experience with H&R Block's premium online version for our small partnership. It walks you through the K-1 entries pretty clearly and has specific guidance for situations with multiple years of losses. Not saying it's perfect but worked better than TurboTax for me.

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Chris Elmeda

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Thanks for the recommendation! I'll give H&R Block a try this year. TurboTax kept giving me warnings about the hobby loss rule but didn't really explain what documentation I should be keeping or how to demonstrate business intent. Hoping for a clearer experience.

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Omar Farouk

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Based on your situation, you absolutely must report the K-1 losses on your personal return - there's no option to skip this. The IRS receives copies of all K-1s and their systems will flag your return if the partnership information doesn't match. However, your concern about the hobby loss rule is understandable after three years of losses. The key is demonstrating profit motive through your business activities. Since you mentioned keeping meticulous records, make sure you also document: business plans showing how you intend to become profitable, marketing efforts, time spent on the business, any changes you've made to improve operations, and evidence that you're treating it as a real business (separate bank accounts, business licenses, etc.). The good news is that $2,000 annual losses probably won't trigger an audit on their own, especially if you have W-2 income and file jointly. Just make sure you can demonstrate the nine factors under Section 183 if ever questioned. Your documentation sounds like you're already on the right track.

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Margot Quinn

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This is really helpful, thank you! I'm new to this community but dealing with a similar situation with my online retail business. Quick question - you mentioned the nine factors under Section 183. Is there a specific timeframe where the IRS typically looks at these factors? Like, do they evaluate each year individually or look at the overall pattern across multiple years? I'm in year 2 of losses and want to make sure I'm documenting everything correctly from the start.

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