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One practical thing to consider - are you planning to continue the business with Tony's heirs? If they inherited his 50% interest, you should review your operating agreement ASAP. Many partnership agreements have buy/sell provisions that trigger upon death. This could impact whether you even need to worry about the step-up basis if you're required to buy out their interest at the agreed value.
This is great advice. Our partnership had this exact issue and we were so focused on the tax aspects that we almost missed the buy-sell agreement that required the purchase of the deceased partner's interest within 90 days. Would have created a complete mess if we had filed for the step-up and then did the buyout!
I'm sorry for your loss, Chris. This is a complex situation that requires careful planning beyond just the tax implications. One important point that hasn't been mentioned yet - you'll want to determine Tony's basis in his partnership interest at the time of death. His heirs will receive a stepped-up basis in their inherited partnership interest equal to the fair market value of that interest ($340,000 based on the 50% share of the $680,000 property value). However, this is separate from the partnership's election under Section 754. The stepped-up basis for the heirs applies to their partnership interest, while the Section 754 election creates a special basis adjustment for the partnership's assets. Also, consider the timing carefully. You have until the due date of the partnership return (including extensions) for the year of Tony's death to make the Section 754 election. But as others mentioned, check your operating agreement first - there may be mandatory buyout provisions that could change your entire approach. Given the complexity and the significant dollar amounts involved, I'd strongly recommend consulting with a tax professional who specializes in partnership taxation before making any elections or decisions.
This is exactly the kind of comprehensive guidance I was looking for! Thank you for breaking down the difference between the stepped-up basis for Tony's heirs (their partnership interest) versus the Section 754 election (partnership assets). I hadn't realized these were two separate but related concepts. So if I understand correctly, Tony's heirs automatically get a stepped-up basis of $340,000 for their inherited partnership interest, but the Section 754 election is something we choose to make that affects how gains/losses are allocated when partnership assets are sold? I'm definitely going to review our operating agreement first thing tomorrow. We drafted it years ago and honestly I can't remember what it says about death/buyout provisions. Hopefully we don't have any surprise requirements that would complicate this further. Do you happen to know if there are any downsides to making the Section 754 election? It seems like it would generally be beneficial, but I want to make sure I'm not missing any potential negative consequences before we commit to it.
Don't forget to check if the K-1s have any Section 199A(g) deductions as well, which is different from the regular QBI deduction. Some agricultural or horticultural partnerships include this, though it's less common with trading partnerships.
Good point, though Section 199A(g) deductions are specifically for specified agricultural or horticultural cooperatives, not trading partnerships. The OP mentioned these are trading partnerships, so they wouldn't have the 199A(g) deduction. It's important not to confuse the two types of deductions when reviewing K-1s. Trading partnerships would only have the regular QBI deduction information if they qualify.
I just went through this exact situation with my brother's estate - he was also heavily into day trading through partnerships. After reading through all these responses, I want to add that you should also check if FreeTaxUSA is properly handling the QBI limitations for estates. Estates have different QBI rules than individual returns. The QBI deduction for estates is limited to the lesser of 20% of the qualified business income OR 20% of the estate's taxable income above the deduction for distributions to beneficiaries. This calculation can be tricky when you have multiple K-1s. Also, since your uncle passed in October, you're dealing with a short tax year which could affect how the QBI deduction is calculated. The software might not automatically adjust for this, so you may want to double-check the calculations manually or consult a tax professional who specializes in estate returns with partnership interests.
This is really helpful information about estates and QBI that I hadn't considered! I'm using FreeTaxUSA and you're right - it doesn't seem to automatically handle the estate-specific QBI limitations. The software just treats it like a regular individual return when I enter the K-1 information. Do you know if there's a specific place in FreeTaxUSA where I can manually adjust for the short tax year calculation? Or would I need to calculate this separately and override the software's automatic QBI calculation? I'm getting a bit nervous about making manual adjustments since this is all new to me.
As someone who works in non-profit financial oversight, I want to add that there are actually whistleblower protections for employees who raise concerns about excessive executive compensation. The IRS has specific procedures for reporting potential "excess benefit transactions" at non-profits. If you genuinely believe your CEO's compensation violates the intermediate sanctions rules (which require compensation to be reasonable and properly approved), you can file Form 13909 to report suspected violations. The IRS takes these seriously, especially when there's a pattern of excessive compensation combined with poor employee benefits. However, I'd recommend first trying to work through your organization's governance structure - attending board meetings during public comment periods, or raising concerns through your employee representatives if you have them. Document everything and keep copies of those 990 forms. Sometimes just asking pointed questions about the compensation approval process can prompt boards to be more careful about their oversight responsibilities.
This is really helpful information about the whistleblower protections! I had no idea Form 13909 existed. Before taking that step though, do you have any advice on how to effectively raise these concerns at board meetings? I'm worried about potential retaliation even though there are supposed to be protections. Also, when you mention "document everything" - what specific types of documentation would be most important to keep beyond just the 990 forms themselves?
This is such an important discussion! I've been following non-profit governance issues for years, and what you're seeing is unfortunately common. Those massive fluctuations in "bonuses and incentives" often reflect poorly designed compensation structures that lack proper oversight. One thing I haven't seen mentioned yet is that the Form 990 also requires organizations to report whether they used a compensation consultant and whether they followed the three-part "rebuttable presumption" process. Look for Part VI, Section B on your organization's 990 - it asks specific questions about the approval process for executive compensation. If those boxes aren't checked "yes" or if the compensation committee included interested parties (like the CEO being present for their own compensation discussions), that's a red flag that proper procedures weren't followed. This information can be really valuable if you decide to raise concerns formally, because it shows whether the board followed IRS guidelines for justifying executive compensation. Also worth noting - many states have additional reporting requirements for non-profits beyond the federal 990. Your state attorney general's office might have additional resources for understanding and questioning non-profit compensation practices in your jurisdiction.
Some practical advice from someone who went through this: document EVERYTHING. Make a spreadsheet showing all expenses for the kids with dates and amounts. Gather bank statements, cancelled checks, receipts for big purchases, school records showing your address, medical records, etc. Even if you decide not to file an amended return, having this documentation ready will help if the IRS contacts you. And FYI - there's a 3-year statute of limitations for amending returns, so you do have some time to decide.
This is a really tough situation, and I can understand wanting to claim what you're legally entitled to while also not wanting to create unnecessary problems. One thing that might help is getting a consultation with a tax professional who can review your specific situation and documentation before you make any moves. From what you've described, if you truly were head of household, provided more than half the support, and the children lived with you for more than half the year, you likely have a valid claim. The key is having solid documentation to back this up - receipts for housing costs, utilities, groceries, medical expenses, school supplies, etc. Regarding penalties for your ex, the IRS typically distinguishes between honest mistakes and intentional fraud. If she genuinely believed she was entitled to claim the children, the consequences would likely be limited to paying back the tax benefits plus interest and possibly a 20% accuracy penalty. However, if the IRS determines it was willful fraud, penalties can be much steeper. Before filing an amended return, you might consider one more conversation with her, perhaps suggesting you both consult tax professionals to understand who actually qualifies. Sometimes having a neutral third party explain the rules can help avoid the dispute altogether. The $4,800 difference is significant, but so is maintaining a workable co-parenting relationship if possible.
This is really sound advice. I'm dealing with a similar situation and the suggestion about both parties consulting tax professionals separately first is brilliant. It removes the emotional aspect and lets neutral experts evaluate the facts. I've been putting off addressing this with my ex because I know it's going to cause drama, but you're right that $4,800 is substantial money that could make a real difference. The documentation piece is crucial too - I started gathering everything last week and realized I had way more proof of support than I initially thought. Has anyone here actually been through the IRS investigation process when both parents have good documentation? I'm wondering how they handle cases where it's not completely clear-cut.
Yara Nassar
Has anyone dealt with social security after a parent passes? My dad was getting monthly checks and one came after he died. Not sure if I need to return it or report it somewhere on taxes??
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Keisha Robinson
ā¢You definitely need to return any SS payment received for the month they died or later. My mom passed in June and they took back her June payment automatically from her account. Call the SSA office right away because they might assess penalties if you keep it.
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Carmen Lopez
Sorry for your loss. Yes, you can absolutely still claim your mom as a dependent for 2024 even though she passed away in April. The IRS allows you to claim someone as a dependent for the entire tax year if they met the dependency requirements during the time they were alive. Since you were supporting her, she lived with you, and her income was minimal (just Social Security), she would qualify as your dependent. Make sure to keep good records of the support you provided - housing, food, medical expenses, etc. You'll also want to have her death certificate on hand in case the IRS ever asks for documentation. One thing to also consider - any medical expenses you paid for her care can potentially be included in your medical expense deductions if you itemize. Those final months often involve significant medical costs that you might be able to deduct.
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Toot-n-Mighty
ā¢Thank you for this helpful summary! I'm dealing with a similar situation where my grandmother passed away in September. Just to clarify - when you mention keeping records of support provided, what specific types of documentation should I be gathering? I paid for her groceries, utilities, and some medical bills, but I'm not sure what level of detail the IRS would want to see if they ever questioned the dependency claim.
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