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LLC Tax Distribution for 2-Member Partnership: How to Handle Unequal Tax Payments

I've got a small marketing agency (LLC with 50/50 ownership) with my college roommate, and I'm completely confused about our tax situation. For the past two years, my business partner has been handling all the tax stuff with her accountant, which seemed fine until I noticed something odd. My partner earns around $125k from her day job while I'm only making about $32k at my part-time gig. When tax time comes, she takes approximately $12k from our business account to pay her taxes, but I only take about $4k for mine. We split all business profits 50/50, so it feels weird that she's withdrawing so much more than I am for taxes. I don't think she's stealing or anything - she explained that before our LLC, she would get substantial tax refunds (like $3k) but now doesn't because of the business income. She claims she's actually saving our company money because she could technically take even more. I'm completely lost when it comes to taxes and have no idea how to properly separate our LLC taxes from our personal situations. I've scheduled a meeting with her accountant to figure this out, but I wanted some outside perspective first. Should I be compensated for the difference between what she's taken versus what I've taken? Is there a way to file our 2023 taxes that doesn't mix our personal income situations? My friends and family think something sounds off about our setup, and I'm starting to feel gaslit about the whole thing. Any advice would be really appreciated!

I think the key issue here is that you need complete transparency and documentation of how these tax distributions are calculated. While it's true that your partner may legitimately owe more taxes due to being in a higher bracket, the current setup sounds problematic from an accountability standpoint. Here's what I'd recommend: First, request detailed calculations showing exactly how much of each person's total tax liability is attributable to the LLC income versus other sources. Second, establish a formal policy for tax distributions in writing - many partnerships use a formula where distributions are made based on each member's estimated tax rate multiplied by their share of business income. Most importantly, consider changing your process so that tax distributions go to each partner individually, and then you each pay your own taxes. Having one person write checks directly from the business account to cover their personal tax obligations creates unnecessary confusion and potential for disputes. You should also verify that you're both getting the same K-1 amounts - if you're truly 50/50 partners, your Schedule K-1 forms should show identical income allocations. If they don't, that's a red flag that needs immediate attention. The fact that your friends and family think something's off suggests your instincts are right to question this arrangement, even if the underlying tax principles are legitimate.

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Amina Sy

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This is excellent advice, especially about verifying that both K-1 forms show identical income allocations. That's something I hadn't thought to check but would be a clear indicator if something's wrong. The suggestion about changing the process so tax distributions go to each partner individually makes a lot of sense too. Having one person write business checks for their personal taxes does seem like it muddies the waters unnecessarily, even if the amounts are technically justified. I'm definitely going to ask to see both of our K-1 forms side by side and request the detailed calculations you mentioned. If my partner is truly paying legitimate higher taxes on the same business income, she should have no problem providing that documentation. The transparency piece is really what's been missing from our arrangement.

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Ravi Malhotra

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Your situation highlights a really common issue with LLC partnerships - the tax implications can be vastly different for each partner even when profits are split equally. What you're describing could very well be legitimate, but the lack of transparency is the real problem here. From what you've shared, your partner's higher tax withdrawals could be justified if she's in a significantly higher tax bracket due to her $125k day job income. When LLC profits "pass through" to your personal returns, someone earning $125k + LLC profits might pay 32% federal tax on that business income, while someone earning $32k + LLC profits might only pay 12-22%. Add in the 15.3% self-employment tax that you both pay, and the difference becomes substantial. However, you absolutely have the right to understand exactly how these calculations work. I'd recommend: 1. Ask to see both of your Schedule K-1 forms side by side - they should show identical income allocations if you're truly 50/50 partners 2. Request a breakdown showing how much of each person's total tax bill is specifically attributable to the LLC income 3. Consider amending your operating agreement to include a formal tax distribution policy with clear calculation methods 4. Change your process so tax distributions go to each partner individually rather than having one person pay taxes directly from the business account The meeting with her accountant is a great idea, but go in prepared with specific questions about the calculations. If everything is legitimate, there should be complete transparency about how the numbers work.

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Sophia Nguyen

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This breakdown is really helpful - I hadn't fully grasped how dramatically different our tax situations could be even with identical business income. The specific tax bracket percentages you mentioned (32% vs 12-22%) really put it in perspective. I'm definitely going to follow your recommendations, especially comparing our K-1 forms side by side. That seems like the most straightforward way to verify we're actually getting equal treatment from the business side. The suggestion about changing our process so distributions go to each partner individually is something I want to bring up with her accountant. It would eliminate a lot of the confusion and make the whole arrangement feel more equitable, even if the dollar amounts end up being different. Thanks for laying out such a clear action plan - I feel much more prepared for that meeting now.

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Myles Regis

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Has anyone dealt with a situation where they rented out part of their house during the ownership period? I'm in a similar situation as OP but I rented out my basement for about 4 years of the 15 I've owned my house. Not sure how that affects the capital gains exclusion.

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Brian Downey

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If you rented out part of your home, you'll need to allocate the gain between the residential and rental portions. The part that was used as rental is subject to depreciation recapture and might not fully qualify for the exclusion. I had to do this calculation last year - you basically determine what percentage of your home was rented (by square footage usually) and for what percentage of your ownership period.

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Just wanted to add another important consideration for your situation with your son on the deed - make sure you understand the "lookback" rule if you're planning to sell in 2026. If your son was added to the deed for estate planning purposes but hasn't met the 2-year ownership requirement yet, you might want to time the sale strategically. For example, if he was added to the deed in early 2024, he'd meet the ownership test in early 2026. Combined with the use test (if he's been living there), this could make a significant difference in your tax liability. Also, since you mentioned you've lived there 18 years continuously, you definitely meet both tests for the full exclusion. Just make sure to keep good records of when your son was added to the deed and his residency status to properly calculate each person's eligibility when you file.

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This is really helpful timing advice! I hadn't thought about strategically planning the sale date around the 2-year ownership requirement. Since estate planning often involves adding family members to deeds relatively recently, this could be a common issue for people in similar situations. Quick question - does the 2-year ownership requirement need to be exactly 2 full years, or is it 2 years out of the 5-year period before the sale? I want to make sure I understand the timing correctly for my own situation where I'm considering adding my daughter to my home's deed.

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RaΓΊl Mora

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Just wanted to add my experience since I was in almost the exact same situation last year! I was buying a vintage Rolex and had the same panic about wire transfers and IRS reporting. After doing tons of research and talking to my bank, here's what I learned: You're absolutely right to keep good records, but you don't need to stress about special reporting. The wire transfer itself isn't something you report to the IRS - that's all handled automatically by the banks. What really helped calm my nerves was keeping a simple paper trail: I saved the wire transfer confirmation, the purchase receipt, and a brief note in my files about what the transfer was for. My banker told me this was more than sufficient for any future questions. The jewelry store also gave me a detailed invoice that clearly showed the purchase amount and payment method. Between that and my bank records, everything was perfectly documented without any special forms or reporting on my end. One tip: ask your bank about any wire transfer fees beforehand. Mine charged $25 for domestic wires, which wasn't a big deal given the purchase amount, but it's good to know upfront. The whole process was actually much smoother than I expected once I got past the initial anxiety!

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Jamal Harris

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This is super helpful! I'm glad I'm not the only one who gets anxious about these things. The paper trail approach you mentioned sounds really smart - I'll definitely keep a note about what the transfer was for along with all the official documents. Did you have any issues with your bank asking questions about such a large wire transfer, or did they process it without any problems?

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Caesar Grant

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@RaΓΊl Mora My bank didn't ask any questions at all! I was worried they might call to verify such a large transfer, but it went through completely smoothly. I think because it was going to a legitimate business account (the jewelry store's Wells Fargo account) rather than to an individual, it didn't trigger any additional scrutiny. The whole wire took about 2 hours to process, and the store confirmed receipt the same day. Just make sure you have all the recipient details exactly right - account number, routing number, business name - because wire transfers can't be easily reversed if there's an error.

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As someone who works in banking compliance, I can confirm what others have said - you don't need to personally report the wire transfer to the IRS. The Bank Secrecy Act requires us (the banks) to file Currency Transaction Reports for certain large transactions, but that's our responsibility, not yours. What you should know is that wire transfers over $3,000 are already tracked by banks through the Bank Secrecy Act, and transfers over $10,000 trigger additional reporting requirements - but again, all handled by the financial institutions involved. Your main job is just to keep good records for your own files. Save the wire transfer receipt, the purchase invoice from the jewelry store, and maybe a simple note about what the purchase was for. This documentation will be helpful if you ever need to explain the transaction for any reason (insurance claims, future sales, etc.). The jewelry store will likely file Form 8300 since they're receiving over $10,000, but that's standard business practice for them. You're just making a legitimate purchase with legally earned money - there's nothing suspicious or reportable about that from your end. One practical tip: call your bank ahead of time to let them know about the large wire transfer. Some banks will put a temporary hold on unusual activity, so giving them a heads up can prevent any delays or complications on the day you want to make the purchase.

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This is exactly the kind of insider perspective I was hoping to see! Thank you for explaining the bank's side of things. The tip about calling ahead is really smart - I would have never thought to do that and probably would have panicked if they put a hold on my account right when I was trying to make the purchase. Just to clarify - when you say transfers over $3,000 are "tracked," does that mean they're automatically flagged for review, or is it more like they're just logged in a system? I'm trying to understand if there's a difference between routine record-keeping and actually triggering some kind of investigation.

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S-corp retained earnings vs distributions - understanding the 50/50 partnership rules

I'm trying to wrap my head around S-corp retained earnings and distributions with a real scenario I'm facing. Let me break down our situation: Our business is an LLC filed as an S-corp with two equal partners (50/50 ownership split). This year we had some good growth with about $325k in revenue. After paying around $135k in business expenses and $65k in salary to each owner, we're looking at approximately $60k in business profit. According to our accountant, each of us will be taxed on our proportional share of profits on our K-1s, which means $30k each since we're equal owners. Here's where I'm confused - we want to keep about $25k in the business for future expansion. My business partner and I disagree on how much each of us should contribute to these retained earnings. I'd like to contribute more toward retained earnings and take less in actual distributions, while my partner wants to take more in distributions. Could we structure it like this: - Me (50% owner): K-1 Income of $30k, contribution to retained earnings of $20k, actual cash distribution of $10k - My partner (50% owner): K-1 Income of $30k, contribution to retained earnings of $5k, actual cash distribution of $25k Does the IRS care about where the retained earnings come from as long as our K-1s show the correct proportional income? Would this violate any S-corp rules about disproportionate distributions? I know S-corps don't technically have to distribute profits, but we're both taxed as if they were distributed. Any insights would be greatly appreciated!

Eduardo Silva

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The compensation structure suggestion is actually quite dangerous from a compliance perspective. The IRS has specific guidelines for S-corp reasonable compensation, and salary amounts should be based on the actual work performed and market rates for those roles, not manipulated to achieve desired cash flow outcomes. If both partners perform similar roles and have similar responsibilities, having significantly different salaries ($55k vs $75k) without legitimate business justification could be seen as tax avoidance. The IRS could reclassify the lower salary as inadequate compensation and treat some of that partner's distributions as wages subject to payroll taxes. A safer approach would be to maintain proportional distributions as required, then use properly documented shareholder loans or capital contributions after distributions are made. This keeps you compliant with S-corp rules while achieving your goal of keeping more money in the business. I'd strongly recommend getting this strategy reviewed by a tax professional who specializes in S-corps before implementing any compensation changes.

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Diego Flores

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This is exactly right - I learned this lesson the hard way when the IRS questioned our S-corp salary structure during an audit. They have detailed guidelines on what constitutes "reasonable compensation" and they absolutely will challenge salaries that seem artificially low compared to industry standards. The auditor explained that S-corp owners can't just set whatever salary they want to minimize payroll taxes. They look at factors like job responsibilities, hours worked, qualifications, and what similar businesses pay for comparable roles. Having dramatically different salaries for partners doing similar work without clear justification is a red flag. The shareholder loan approach mentioned earlier is much safer from a compliance standpoint. After taking your required proportional distributions, you can loan money back to the company with proper documentation. Just make sure to charge market-rate interest and have a realistic repayment schedule to avoid having it reclassified as a contribution.

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Leo Simmons

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I've been dealing with a similar situation in my S-corp and wanted to share what I learned from working with our tax attorney. The key insight is that S-corp distributions must be proportional to ownership, but there are legitimate ways to achieve your goal of keeping more money in the business while your partner takes more home. Here's what we ended up doing: Both partners take the required proportional distributions (in your case, that would be equal amounts since you're 50/50 owners). Then, after receiving your distribution, you can make a shareholder loan to the company for the amount you want to keep in the business. The critical part is proper documentation - you'll need a promissory note with market-rate interest, a realistic repayment schedule, and corporate resolutions authorizing the loan. This keeps everything above board and gives you legal recourse to get your money back. One thing to consider is that as a creditor (through the loan), you'd have different rights than if you made a capital contribution. If the business struggles, loan repayment typically has priority over distributions to shareholders. This might actually be preferable if you're concerned about protecting the money you're putting back into the business. Just make sure to work with a tax professional who understands S-corp rules - the documentation requirements are important for maintaining your S-corp status.

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LunarEclipse

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This is really helpful - thank you for sharing your experience with the shareholder loan approach. I'm curious about one detail you mentioned: how exactly do you determine what constitutes a "market-rate interest" for a loan to your own S-corp? Is there a specific rate the IRS expects, or do you just need to show it's reasonable compared to what a bank might charge for a similar business loan? I want to make sure I structure this correctly from the start to avoid any issues down the road. Also, did your tax attorney recommend any specific language for the promissory note to ensure it's clearly differentiated from a capital contribution? I'm worried about accidentally creating documentation that could be misinterpreted by the IRS.

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StarSailor

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I found out the hard way that even if the broker doesn't report it, the IRS can still come after you! I had some old IBM stock from my grandpa that I sold in 2022, and the gain wasn't reported by my broker. I thought "cool, free money" and didn't include it on my taxes. Got a CP2000 notice six months later saying I owed taxes plus penalties and interest. The broker not reporting it to the IRS doesn't mean the IRS won't find out eventually, especially if the amounts are substantial. Better to report everything properly the first time!

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How did the IRS find out about your unreported gains if the broker didn't report them? I'm wondering if they have other ways of tracking this information.

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Lucas Turner

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The IRS has several ways to track unreported gains even when brokers don't report them directly. They can cross-reference bank deposits, match patterns in your financial activity, and use data analytics to identify discrepancies. In your case with inherited stock, they might have detected the sale through the brokerage's other reporting requirements (like the actual transaction occurring) even if the gain wasn't calculated and reported. The IRS also gets information from multiple sources - banks report large deposits, and they can see when significant amounts of money move into your accounts that don't match your reported income. Plus, if you had any dividends or other income from that IBM stock before selling it, they already knew you owned it. This is exactly why it's so important to report everything yourself rather than assuming "if they don't report it, I don't need to." The penalties and interest make it way more expensive than just paying the correct taxes upfront!

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Marcelle Drum

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This is such an important topic that catches so many people off guard! I went through the exact same confusion last year with my Schwab account. One thing I'd add to the great advice already given is to keep really detailed records of ALL your transactions, especially the ones not reported to the IRS. I started using a simple spreadsheet to track purchase dates, sale dates, and cost basis for everything - even when my broker has the info. This saved me so much time during tax prep. Also, if you're dealing with inherited securities or stocks transferred from another brokerage, those are prime candidates for being "not reported to IRS" on your 1099-B. The receiving broker often doesn't have the original purchase information needed for proper cost basis reporting. One last tip - if you're unsure about any complex transactions, consider getting help from a tax professional for this year. The cost is usually worth it to avoid potential penalties down the road, and you'll learn the process for handling it yourself in future years. Tax compliance stress is real, but you're asking the right questions!

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Malik Johnson

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This is really helpful advice about keeping detailed records! I'm in a similar situation as the original poster and just realized I've been way too casual about tracking my investments. Do you have any recommendations for what specific information to include in that spreadsheet beyond purchase/sale dates and cost basis? I'm thinking things like which account the trade was in, but wondering if there are other important details I should be capturing from the start.

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